What are the criteria for the recognition of well known trademarks, and what are the criteria for th

The criteria for recognition of well-known trademarks are:

1. The trademark must be a valid registered trademark owned by enterprises, institutions and individual industrialists and businessmen established in accordance with the law nationwide, and be recognized as a famous trademark;

2. The trademark must be registered and actually used for more than three years (including three years);

3. The trademark has a high reputation and is deeply loved by consumers (users);

4. The sales volume of goods using the trademark is large, the sales area is wide, and the market share is high;

5. The quality of the goods or services using the trademark is excellent, the complaint rate of consumers (users) is low, and the after-sales service is good;

6. The main economic indicators (annual sales, sales or operating income, net profit, and tax) of the goods or services using the trademark in the past three years are among the best in the same industry in the province;

7. The trademark has a wide range of advertising and covers a large area;

8. The trademark owner has a strong sense of trademark, has a sound trademark management organization and management system, and attaches importance to the use, management and protection of the trademark.

Legal basis].

Most of China's well-known trademarks are recognized by the State Administration for Industry and Commerce (Trademark Office and Trademark Review and Adjudication Board), which has a larger proportion of well-known trademarks than the people's courts. In the event of a dispute arising in the process of trademark registration, use and review, the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board may, at the request of the parties, determine whether the trademark constitutes a well-known trademark based on specific facts.

Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases stipulates that: "In the trial of trademark dispute cases, the people's court may, at the request of the parties and the specific circumstances of the case, make a determination as to whether the registered trademark involved is well-known in accordance with the law. ”

Article 2 of the Interpretation of the Supreme People's Court on Issues Concerning Jurisdiction and Scope of Application of Law in the Trial of Trademark Cases stipulates that "the first-instance cases of trademark civil disputes shall be under the jurisdiction of the people's courts at or above the intermediate level. Based on the actual situation of their respective jurisdictions and with the approval of the Supreme People's Court, each High People's Court may, in larger cities, designate 1 or 2 basic people's courts to accept first-instance trademark civil dispute cases.

According to the above provisions, the judicial recognition of well-known trademarks shall be under the jurisdiction of the people's courts at or above the intermediate level, but in some provinces or municipalities directly under the Central Government, the basic people's courts may also make the determination.

Article 14 of the Trademark Law stipulates that "the following factors shall be considered in determining a well-known trademark:

1) the degree of awareness of the relevant public about the trademark;

2) the duration of use of the trademark;

iii) the duration, extent and geographical scope of any publicity work for the trademark;

4) a record of the trademark being protected as a well-known trademark;

5) Other factors that make the trademark well-known.

According to the first paragraph of Article 14 of the Trademark Law, a well-known trademark shall be determined as a fact that needs to be determined in handling a trademark case at the request of the parties. The following factors shall be considered in determining a well-known trademark: (1) the degree of awareness of the trademark by the relevant public; 2) the duration of use of the trademark; (3) the duration, extent and geographical scope of any publicity work for the trademark; (4) a record of the trademark being protected as a well-known trademark; 5) Other factors that make the trademark well-known.

Legal basis: Article 14 of the Trademark Law provides that a well-known trademark shall be recognized as a fact that needs to be determined in handling a trademark case at the request of the parties. The following factors shall be considered in the recognition of a well-known trademark:

1) the degree of awareness of the relevant public about the trademark; 2) the duration of use of the trademark; iii) the duration, extent and geographical scope of any publicity work for the trademark; 4) a record of the trademark being protected as a well-known trademark; 5) Other factors that make the trademark well-known.

Legal Analysis: Most of China's well-known trademarks are recognized by the State Administration for Industry and Commerce (Trademark Office and Trademark Review and Adjudication Board), and the proportion of well-known trademarks recognized by the People's Court is larger than that of the people's courts. In the event of a dispute arising in the process of trademark registration, use and review, the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board may, at the request of the parties, determine whether the trademark constitutes a well-known trademark based on specific facts.

Legal basis: Article 14 of the Trademark Law of the People's Republic of China The following factors shall be considered in determining a well-known trademark:

1) the degree of awareness of the relevant public about the trademark;

2) the duration of use of the trademark;

iii) the duration, extent and geographical scope of any publicity work for the trademark;

4) a record of the trademark being protected as a well-known trademark;

5) Other factors that make the trademark well-known.

Legal Analysis: The criteria for the recognition of well-known trademarks are Cong Ru:

1. The duration, extent and geographical scope of any publicity work of the trademark meet the requirements for the recognition of well-known trademarks;

2. Be well-known to the relevant public;

3. Have a record of being protected as a well-known trademark;

4. Other identification standards.

Legal basis: Article 14 of the Trademark Law of the People's Republic of China.

A well-known trademark shall, at the request of the parties, be determined as a fact that needs to be determined in handling a trademark case. The following factors shall be considered in the recognition of a well-known trademark:

1) the degree of awareness of the relevant public about the trademark;

2) the duration of use of the trademark;

3) the duration, extent and geographical scope of any publicity work for the trademark;

4) a record of the trademark being protected as a well-known trademark;

5) Other factors that make the trademark well-known.

In the course of trademark registration examination and investigation and handling of trademark infringement cases by the administrative department for industry and commerce, if a party claims rights in accordance with Article 13 of this Law, the Trademark Office may, according to the needs of examination and handling of the case, make a determination of the well-known status of the trademark.

In the course of handling trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may, according to the needs of handling the case, make a determination of the well-known nature of the trademark.

In the course of adjudicating a civil or administrative trademark case, if a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may, according to the needs of the case, make a determination of the well-known nature of the trademark.

Producers and operators shall not use the words "well-known trademark" on goods, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.

According to the first paragraph of Article 14 of the Trademark Law, a well-known trademark shall be determined at the request of the parties as a fact that needs to be determined in handling a trademark case. The following factors shall be considered in determining a well-known trademark: (1) the degree of awareness of the trademark by the relevant public; 2) the duration of use of the trademark; iii) the duration, extent and geographical scope of any publicity work for the trademark; 4) a record of the trademark being protected as a well-known trademark; 5) Other factors that make the trademark well-known.

The law is based on the draft.

Article 14 of the Trademark Law.