What are the criteria for identifying well known trademarks?

The prerequisite for the recognition of a well-known trademark is that the owner of the commercial file must have a legal claim and need the relevant authorities to expand its protection. The determination is then made in accordance with the factors of Article 14 of the Trademark Law.

1. The degree of awareness of the relevant public about the trademark;

2. The duration of the 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.

When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the above factors, but shall not take all the factors specified in this article as the premise.

Correspondingly, the following materials can be used as evidence to prove the well-known name of the trademark:

1) Relevant materials proving the degree of awareness of the relevant public about the trademark;

2) Relevant materials proving the duration of use of the trademark, including relevant materials on the history and scope of use and registration of the trademark;

3) Relevant materials proving the duration, extent and geographical scope of any publicity work of the trademark, including the manner, geographical scope, type of publicity and advertising volume of advertising and activities;

4) Relevant materials proving the record of protection of the trademark as a well-known trademark, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions;

5) Other evidentiary materials proving that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main commodities using the trademark in recent years.

The criteria for recognition of well-known trademarks are:

1. The trademark must be a valid domestic registered trademark owned by enterprises, institutions and individual industrial and commercial persons established in accordance with the Cave Potato 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.

1. The invalid effect of the contract for the transfer of trademark rights.

According to the provisions of China's Trademark Law, a trademark can be transferred under license, and the transferor and the assignee shall sign an assignment agreement and jointly apply to the Trademark Office. The assignee shall guarantee the quality of the goods using the registered trademark. Under what circumstances will a trademark license assignment contract be invalid?

1. The trademark registration certificate is invalid. This type of situation generally refers to the expiration of the validity period of the registered trademark and the application for renewal has not been filed within the six-month grace period, or the registered trademark has ceased to be used for three consecutive years; or a trademark that has been cancelled by the Trademark Office. 2. The transfer has changed the words, graphics and combinations of the registered trademark without authorization.

3. Without the approval of the relevant departments, the name and address of the registrant are changed by themselves, and other matters are changed without going through the change procedures for the code. 4. Application for the transfer of a registered trademark that may cause misunderstanding, confusion or other adverse effects. A registered trademark may be well known to the relevant public after a long period of use, and consumers may associate goods using the same registered trademark.

5. The trademark registrant does not transfer the same or similar trademarks registered on the same or similar goods.

2. How to determine the ownership of a divorced trademark.

Criteria for Determining Trademark Ownership in Divorce:

1. At the time of divorce, the trademark has become a well-known trademark or has a high reputation, and now both parties claim to have the ownership of the trademark, if both parties take the company as the trademark registrant, there is no problem of husband and wife co-ownership, and the ownership of the trademark should belong to the company;

2. When dividing the property of the husband and wife, if the property rights of the company continue to be owned, appropriate compensation must be given for the economic interests of the trademark;

3. When one party asks the court to rule that it continues to enjoy the license to use the trademark, both parties have contributed to the formation and fame of the trademark, and the license is the party with the right to use the trademark, because the court can make a judgment based on the theory of one party.

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.

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) Records of the protection of the Iwamori trademark as a well-known trademark; 5) Other factors that make the trademark well-known. Legal basis:

Trademark Law of the People's Republic of China Article 14 A well-known trademark shall, at the request of the parties, be recognized as a fact that needs to be determined in handling a trademark case. The following factors should 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.

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

1. The degree of knowledge and awareness of the relevant public about the trademark;

2. The duration of the 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.