What is a well known trademark How to identify a well known trademark?

A well-known trademark, as the name suggests, refers to a trademark that has a high reputation and is well known to the public. The term "well-known trademark" comes from the Paris Convention for the Protection of Industrial Property, which stipulates that member states should undertake to give well-known marks greater protection than ordinary trademarks. In this sense, "well-known trademark" is a legal concept rather than a conventional title, and "well-known" in Chinese was originally used as a verb, that is, to spread and promote fame, but cannot be used as a noun.

First, a well-known trademark refers to a trademark that is well-known to the public in a considerable area of a country, and there is no local well-known trademark, while "famous brand" is divided into "national famous brand" or "provincial famous brand" and "local famous brand"; Second, a well-known trademark refers to a trademark, while a famous brand sometimes does not refer to a trademark, but may refer to the name of an enterprise. Third, there is no law to follow in China for the recognition of famous brands, and it is only a daily language used by the public, but well-known trademarks can only be recognized by the Trademark Office of the State Administration for Industry and Commerce, and cannot be called "well-known trademarks" unless they are recognized by it; Fourth, and most importantly, there is no legislation for the protection of "famous brands", while there are corresponding regulations and regulations for well-known trademarks.

Why are you writing so long??

Well-known trademark: As long as the trademark obtains the well-known trademark certificate issued by the state after the application, it is a well-known trademark, and it is also a national certification system.

It can give me trust and will not make people doubt the quality of the trademark.

It is determined by the following factors:1the sales volume and sales area of the goods using the trademark in China; 2.

The main economic indicators of the goods using the trademark in recent years and their ranking in the same industry in China; 3.the sales volume and sales area of the goods using the trademark in foreign countries or regions; 4.the advertisement of the trademark; 5.

the time of earliest and continuous use of the trademark; 6.the registration of the trademark in China and its foreign countries or regions; 7.Other documents proving that the trademark is well-known.

1. What materials should be provided for a well-known trademark?

The materials that should be provided for a well-known trademark include:

1. Materials related to the duration of use of the trademark, including materials related to the use, registration history and scope of the trademark;

2. Materials related to the duration, extent and geographical scope of any publicity work of the certification trademark, including the manner, geographical scope, type of publicity, advertising volume and other relevant materials of advertising and activities;

3. Relevant materials to prove that the trademark is a well-known trademark protection record, including relevant materials for the protection of well-known trademarks in other countries and regions;

4. Other evidentiary materials to prove that the trademark is well-known, including the production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main commodities using the trademark in the past three years.

2. What are the main factors affecting the recognition of well-known trademarks?

Most of the well-known trademarks from China 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 Court. 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; (3) the duration, extent and geographical scope of any publicity work for the trademark; (4) the record of the first draft mark of the company being protected as a well-known trademark; (5) Other factors that make the trademark well-known.

Paragraph 1 of Article 14 of the Trademark Development stipulates 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 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.

Measures for Accurately Identifying Well-known Trademarks: Trademarks that meet the conditions of being well-known to the relevant public, having a certain period of use, and having a record of being protected as a well-known trademark shall be recognized as well-known trademarks. In addition, if others maliciously copy, imitate or translate a well-known trademark that is not registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

[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 that is not registered in China by another person, 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;

(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.

According to the provisions 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;

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

4) The record that the trademark is 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 the past three years.

So, how should the definition of a well-known defense trademark be defined? According to the Provisions on the Recognition and Protection of Well-known Trademarks, a well-known trademark refers to a trademark that is widely known to the relevant public in China and enjoys a high reputation. The relevant public includes consumers related to the use of certain types of goods or services indicated by the trademark, other operators who produce the goods or services indicated by the trademark, and sellers and related personnel involved in the distribution channels.

It should be noted that not only the Trademark Office and the Trademark Review and Adjudication Board have the right to determine well-known trademarks, but also the courts, in hearing trademark dispute cases, may also make a determination on whether the registered trademark involved is well-known in accordance with the law according to the request of the parties and the specific circumstances of the case. If the court determines a well-known trademark, it shall follow the above five factors for determining a well-known trademark. If a party requests protection for a well-known trademark that has been recognized by the Trademark Office, the Trademark Review and Adjudication Board or the people's court, the other party has no objection to the well-known trademark involved, and the people's court will not examine it.

If an objection is filed, the people's court shall conduct an examination in accordance with the five factors that determine the well-known trademark.

Of course, if a domain name of a well-known trademark is preemptively registered, there is also a corresponding way to protect rights, but it cannot be determined that the other party has constituted infringement just by the preemptive registration of the domain name by the party concerned. China's protection for well-known trademark squatting and domain names is not as developed as some Western countries, on the one hand, because China's legislation on trademarks and domain names started relatively late, and on the other hand, because the industry is not self-disciplined enough.

How to identify well-known trademarks.

1. It shall be determined by the Trademark Office of the State Administration for Industry and Commerce.

If a party believes that the trademark of another party that has been preliminarily approved and published violates the provisions of Article 13 of the Trademark Law, it may file an objection with the Trademark or Trademark Bureau in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials to prove that the trademark is well-known.

In the course of trademark management, if a party believes that the trademark used by another person falls under the circumstances provided for in Article 13 of the Trademark Law, and requests protection of its well-known trademark, it may submit a written request to the administrative department for industry and commerce at or above the city (prefecture, prefecture) where the case occurred to prohibit the use of the trademark, and submit relevant materials to prove that the trademark is well-known. At the same time, copy the provincial administrative department for industry and commerce where it is located.

If an application is made for recognition of a well-known trademark through a trademark opposition case, or if a well-known trademark is applied for in the course of trademark management, the Trademark Office of the State Administration for Industry and Commerce shall make the determination.

2. The Trademark Review and Adjudication Board of the State Administration for Industry and Commerce shall determine.

If a party believes that a trademark registered by another person violates the provisions of Article 13 of the Trademark Law, it may request the Trademark Review and Adjudication Board to rule on the cancellation of the registered trademark in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials to prove that the trademark is well-known. If you apply for a well-known trademark through a trademark dispute case, you should file an application with the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce.

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

2) the duration of the 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.

This is just an advertisement.

Generally, it is good to only recognize it locally.

It doesn't matter if everything else.

The following factors shall be considered in the recognition of a well-known trademark: the degree of awareness of the subject matter by the relevant public; the duration of the use of the trademark; any publicity work for the trademark continues to include the old time, degree of Hu Pai and geographical Fan Fan pants and Hehewei; a record of the trademark being protected as a well-known trademark; Other factors that make the mark well-known.

Legal analysis: First, in the trademark opposition procedure, apply to the Trademark Office for recognition of a well-known trademark. Second, in a trademark dispute case, an application for recognition of the well-known trademark is submitted to the Trademark Review and Adjudication Board at the same time.

Third, in the course of administrative handling of trademark infringement, an application for recognition of a well-known trademark is submitted to the local administrative department for industry and commerce. Fourth, in the civil litigation procedure for trademark infringement, an application for recognition of a well-known trademark may also be filed with a local people's court at or above the intermediate level.

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;

3) the duration, extent and geographical scope of any assignment or transmission of the mark;

(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 violation cases 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 make a determination of the well-known trademark according to the needs of the examination and handling of the case.

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.

The following conditions must be met for the recognition of Zheng Zhao as a well-known trademark:

1. A well-known trademark shall be a well-known trademark to the relevant public;

2. A well-known trademark shall be a trademark with a record of being protected as a well-known trademark;

3. Other conditions that need to be met to be recognized as a well-known trademark.

Article 52 of the Trademark Law calls for the use of unregistered trademarks as registered trademarks, or the use of unregistered trademarks in violation of the provisions of Article 10 of this Law, the local administrative department for industry and commerce shall stop it, make corrections within a time limit, and may be notified, and if the illegal business turnover is more than 50,000 yuan, a fine of less than 20% of the illegal business turnover may be imposed, and if there is no illegal business revenue or the illegal business revenue is less than 50,000 yuan, a fine of less than 10,000 yuan may be imposed.