What is a well known trademark? How s that done?

Administrative and judicial determinations.

Administrative recognition is when the relevant enterprise applies to the Trademark Office of the State Administration for Industry and Commerce for recognition. In trademark opposition review and invalidation cases, a request may be made to the Trademark Review and Adjudication Board for recognition of a well-known trademark. Judicial determination is a procedure for a relevant enterprise to apply for determination of whether a registered trademark is well-known or not, such as a lawsuit filed by a people's court at or above the intermediate level.

The recognition mechanism of a well-known trademark is:

1. The duration of the use of the trademark, the duration, extent and geographical scope of any publicity work;

2. The record that the trademark is protected as a well-known trademark;

3. The degree of awareness of the relevant public about the trademark.

[Legal basis].Article 13 of the Trademark Law of the People's Republic of China.

If the trademark applied for registration in respect of the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that is not registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

Article 14. 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;

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 following factors should 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 basis: Article 14 of the Trademark Law of the People's Republic of China 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.

In the course of the examination of trademark registration and the investigation and handling of cases of trademark infringement by the administrative department for industry and commerce, if a party claims rights in accordance with the provisions of Article 13 of this Law, the Trademark Office may, according to the needs of the 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 trademark civil or administrative case, if a party claims rights in accordance with the provisions of Article 10 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 use ribbons in advertising, exhibitions and other commercial activities.

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

The factors that should be considered in determining a well-known trademark are: the degree of awareness of the trademark by the relevant public, the duration of the use of the trademark, the duration, degree and geographical scope of the publicity of the trademark, the record of the protection of the well-known trademark, and other factors. In the course of dispute resolution, both the Trademark Review and Adjudication Board and the people's court undertaking the case may make a determination as to whether a well-known trademark is constituted.

There are several ways to identify well-known trademarks, and the specific recognition methods are as follows:

a. Apply to the Trademark Office for recognition of a well-known trademark during the trademark opposition procedure. That is, if the applicant believes that the trademark preliminarily approved and published by the Trademark Office is the same or similar to the applicant's prior rights, the applicant shall file an application for recognition of a well-known trademark at the same time as filing an opposition application.

b. In trademark dispute cases, an application for recognition of the well-known trademark is submitted to the Trademark Review and Adjudication Board at the same time. That is, if the applicant believes that the registered trademark of another person violates the provisions of Article 13 of the Trademark Law, and at the same time requests a ruling to cancel the registered trademark, it submits relevant materials to the Trademark Review and Adjudication Board to prove that its trademark is well-known, and the Trademark Review and Adjudication Board will determine that its trademark is a well-known trademark.

c. Submit an application for recognition of a well-known trademark to the local administrative department for industry and commerce in the process of administrative handling of trademark infringement. If the applicant believes that the trademark used by another person infringes his exclusive right to use the trademark, he may submit a written request to the administrative department for industry and commerce at or above the city (prefecture, prefecture) level where the case occurred to prohibit the use of the trademark, and submit relevant materials on the well-known trademark of the applicant.

d. In the civil litigation procedure for trademark infringement, file an application for recognition of a well-known trademark with a local intermediate people's court or above.

Administrative and judicial determinations.

Administrative recognition is when the relevant enterprise applies to the Trademark Office of the State Administration for Industry and Commerce for recognition. In the case of trademark opposition review and failure to do so, you may apply to the Trademark Review and Adjudication Board for recognition of a well-known trademark. Judicial determination is a kind of process for the relevant enterprise to determine whether the registered trademark is well-known, such as the application for litigation by the people's court at or above the intermediate level.

Kai picks up.

1. Apply to the industrial and commercial department for recognition of a well-known trademark: If the owner of a well-known trademark believes that the trademark used by others falls under the circumstances specified in Article 13 of the Trademark Law, it may submit a request to the local industrial and commercial department where the case occurred to prohibit the use of the trademark. After examination, the local industrial and commercial department shall report to the Trademark Office step by step, and the Trademark Office shall make a determination.

2. Apply to the Trademark Office for recognition of a well-known trademark: If the owner of a well-known trademark believes that the trademark announced by another person after preliminary examination and approval falls under the circumstances stipulated in Article 13 of the Trademark Law, it may apply to the Trademark Office for recognition of a well-known trademark at the same time as Hexiaopao.

3. Apply to the Trademark Review and Adjudication Board for recognition of a well-known trademark: If the owner of a well-known trademark believes that the trademark registered by another person falls under the circumstances specified in Article 13 of the Trademark Law, it may apply to the Trademark Review and Adjudication Board for recognition of a well-known trademark at the same time as submitting an application for review and evaluation to the Trademark Review and Adjudication Board within a period of at least five years.

4. Apply to the People's Court for recognition of a well-known trademark: If the owner of a registered well-known trademark believes that the trademark used by others falls under the circumstances specified in Article 13 of the Trademark Law, it may directly file a lawsuit with the people's court and apply for recognition of the well-known trademark at the same time as the lawsuit.