What are the ways to register a well known trademark?

Well-known trademarks are not registered, they are ordinary trademarks at the time of registration, and they are recognized as well-known trademarks by the State Administration for Industry and Commerce after long-term use and publicity by enterprises.

Well-known trademarks are not registered.

To put it simply, first of all, you need to have a trademark that has been registered and has been used for more than 3 years.

Second, your company's economic indicators are backed by credible evidence.

Finally, it is determined that it can be applied for a famous trademark and then evaluated; or infringement determination.

Hello! There are two main avenues: administrative and judicial.

According to the provisions of Chinese laws and relevant judicial interpretations, at present, the recognition of well-known trademarks in China can be applied to three departments (the State Trademark Office, the Trademark Review and Adjudication Board, and the People's Court), and the recognition procedures and times vary between departments.

1. State Trademark Office.

There are two ways to apply to the State Trademark Office for recognition of a well-known trademark: when filing an opposition, an application for recognition of a well-known trademark is filed with the Opposition Division of the Trademark Office; or when others use your company's trademark to sell their own products, they apply to the Trademark Office for recognition of well-known trademarks when they infringe on them. When an opposition or infringement of the exclusive right to use a trademark is filed, the application for a well-known trademark needs to be determined by the fact of opposition or infringement, and the determination time is determined according to the corresponding case, so the time limit is longer, and the degree of success of the case needs to be carefully considered when filing the application.

2. Trademark Review and Adjudication Board.

In the process of adjudicating a trademark dispute case, an application for recognition of a well-known trademark is submitted to the National Trademark Review and Adjudication Board, and the success of such application also needs to consider the degree of grasp of the case itself, and the time limit is also determined according to the specific case.

3. People's courts.

It is possible to apply to the court for recognition of a well-known trademark at the same time as the above two types of administrative rights confirmation cases; or apply to the court for recognition of a well-known trademark application when conducting a relevant infringement lawsuit. In this process, the time for the determination of the application is relatively short, generally within six months, but it does not include the time for infringement litigation, and the relevant evidence of the well-known name also needs to be detailed and sufficient.

The avenues for filing a well-known trademark application include:

1. Directly apply to the Trademark Office of the State Administration for Industry and Commerce to recognize a well-known trademark.

Enterprises can apply to the local industrial and commercial bureau and submit relevant evidence materials to prove the well-known trademark, which will be recommended and reported by the trademark office after investigation and verification, and the trademark office will confirm it.

2. Apply to the Trademark Office for recognition of a well-known trademark in the trademark opposition procedure.

3. In the trademark dispute procedure, apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for recognition of a well-known trademark.

4. In the process of administrative handling of trademark infringement, apply to the administrative authority for industry and commerce for recognition of a well-known trademark.

5. Apply to the people's court for recognition of a well-known trademark in accordance with the law in the civil litigation procedure for trademark infringement.

1. What is the difference between a well-known trademark and a famous trademark? The wheel is old.

The difference between a well-known trademark and a famous trademark is:

1 The accreditation body is different. Well-known trademarks are recognized by the Trademark Office of the State Administration for Industry and Commerce or the people's courts in accordance with judicial procedures, while well-known trademarks are recognized by the provincial industrial and commercial departments.

2 The criteria for recognition are different. A well-known trademark must reach the level of knowledge of the relevant public in the country, and the famous trademark can meet the level of knowledge of the relevant public in the province or local (city).

3 The scope of protection is different. Well-known trademarks can not only obtain different degrees of cross-class protection, but also be protected by the Trademark Office and the judicial monitoring department according to the different recognition departments. However, the scope and degree of protection of well-known trademarks are significantly smaller than those of well-known trademarks.

4 The role of propaganda is different. The Trademark Law clearly stipulates that producers and operators shall not use the words of a well-known trademark on goods, commodity packaging or containers, or in advertising, exhibitions and other commercial activities. The recognized famous trademarks can be used in goods and their packaging, decoration, manuals, business correspondence, and business publicity.

2. What are the materials required to apply for a well-known trademark?

The materials required to apply for a well-known trademark include:

1. Relevant materials to prove the degree of awareness of the relevant public about the trademark;

2. Relevant materials to prove the duration of use of the trademark, including the relevant materials of 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 to prove the record of the protection of the trademark as a well-known trademark, including the relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions.

Well-known trademarks are subject to a dual-track system of administrative recognition and judicial recognition, including the following three ways:

1.Recognized by the Trademark Office of the State Administration for Industry and Commerce. If it is necessary to apply for recognition of a well-known trademark, the relevant materials must be submitted through the Administration for Industry and Commerce of the province, autonomous region or municipality directly under the Central Government (hereinafter referred to as the provincial-level industrial and commercial bureau), and the provincial-level industrial and commercial bureau shall submit the relevant application materials that have passed the preliminary examination and signed the opinion to the Trademark Office of the State Administration for Industry and Commerce in a timely manner by mail, and finally, the Trademark Office of the State Administration for Industry and Commerce shall determine whether the trademark is well-known.

When a dispute arises in the course of trademark registration, if the relevant party believes that its trademark constitutes a well-known trademark, it may also request the Trademark Office to recognize that its trademark is well-known, and shall submit evidence that its trademark constitutes a well-known trademark. 2.Approved by the Trademark Review and Adjudication Board.

In accordance with the provisions of the Trademark Law and its Regulations, when a dispute arises in the course of trademark adjudication, if the relevant party believes that its trademark constitutes a well-known trademark, it may request the Trademark Review and Adjudication Board to recognize the well-known trademark.

3.Determined by the people's court. In hearing a trademark dispute case, 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.

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 has not been registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

If the trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, misleading the public, and causing possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

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

There are the following ways to apply for an alternative application for a well-known trademark:

1. The registered trademark owner shall apply to the Trademark Office on his own or by entrusting others;

2. The Trademark Office takes the initiative to identify well-known trademarks in accordance with the provisions of the law;

3. Other alternative application channels for well-known trademarks as stipulated by law.

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. If the trademark applied for registration is a copying, imitation or translation of a well-known trademark already registered in China by another person, misleading the public and causing the interests of the registrant of the well-known trademark to be harmed, it shall not be registered and its use shall be prohibited.

Article 19 of the Provisions on the Recognition and Protection of Well-known Trademarks.

The administrative departments for industry and commerce at all levels shall establish and improve the supervision and inspection system for the recognition of well-known trademarks.