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Jite intellectual property rights: The trademark registrant has the exclusive right to use the trademark and also has the right to license others to use the trademark for remuneration. The duration of protection of trademark rights varies from country to country, but after the expiration of the term, the trademark can be renewed as many times as you pay an additional fee.
Trademark owners have the right to stop the infringement of others' trademarks, and in a broad sense, trademarks are a reward for trademark registrants to obtain recognition and economic benefits for their goods or services, and trademarks also encourage creativity and positive attitudes. Trademark protection also prevents unfair competitors, such as counterfeiters, from using the same or similar marks to promote inferior or different products or services. The trademark system enables skilled and enterprising people to produce and sell goods and services on the fairest possible terms, thereby contributing to international development. If you need to....
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Two paths: judicial recognition and administrative determination.
A variety of methods: litigation, simply put, is to collect evidence of infringement and counterfeit trademarks in the market, and then file a judicial or civil lawsuit to request recognition of a well-known trademark in the indictment; Go administratively, provide the financial information of the enterprise in the past three years, sales revenue, profits and taxes, advertising investment and honorary certificates, etc., and apply for recognition as a well-known trademark according to the normal trademark management channels. However, in recent years, the policy of individual case determination and passive protection has been implemented, and the administrative determination also requires evidence of the infringement of the infringed trademark.
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There are a lot of ways. Through domain name disputes, trademark infringement, counterfeit and shoddy products, etc. The key is to see how the ** mechanism acts.
Generally speaking, when an institution receives a well-known trademark recognition, it will issue a detailed "Feasibility Analysis of the Recognition of a Well-known Trademark" and "Proposal for the Recognition of a Well-known Trademark".
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A well-known trademark cannot be applied for, and can only be determined by an administrative authority or a court as a fact that needs to be determined in handling a trademark case. To identify a well-known trademark in a trademark case, it is necessary to consider: (1) the degree of awareness of the trademark by the relevant public; (ii) the duration of use of the trademark; (iii) the duration, extent and geographical scope of any publicity for the mark; (4) a record of the trademark being protected as a well-known trademark; (5) Other factors of the well-known 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. From this, it can be seen that a well-known trademark itself cannot be used for advertising and publicity, and is of no practical use in the absence of a dispute, and can only be effective in the process of dispute resolution in order to prove that it prevents others from preemptively registering or to prove the subjective bad faith of the trademark infringer. 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 recognized 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; (ii) the duration of use of the trademark; (iii) the duration, extent and geographical scope of any publicity for the mark; (4) a record of the trademark being protected as a well-known trademark; (5) Other factors of the well-known 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.
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Article 14 of the Trademark Law The following factors shall be considered in determining a well-known trademark:
1) the degree of awareness of the relevant public about the trademark;
(ii) the duration of use of the trademark;
(iii) the duration, extent and geographical scope of any publicity for the mark;
(4) a record of the trademark being protected as a well-known trademark;
(5) Other factors of the well-known trademark.
What are the conditions for a well-known trademark?
According to the existing experience and the characteristics of a well-known trademark, a well-known trademark should meet the following conditions:
1) The trademark design is original;
2) the trademark has been used for a long time;
3) The quality of the goods or services designated by the trademark is good and stable;
4) The goods using the trademark have a large market coverage and a large sales volume;
5) The advertising investment of the trademark increases in proportion to the sales volume of the goods or the income from services;
6) Registered the trademark in the relevant country and sold the goods designated by the trademark or carried out business services;
7) Have a high reputation and reputation in the same industry;
8) Be well-known to a considerable range of consumers.
The so-called famous trademark refers to a registered trademark that has a high market reputation and commercial value, is well known to the relevant public, and is recognized in accordance with the law.
Tools Raw materials.
An ordinary trademark that has been successfully registered and has a certain degree of well-knownness.
Step Method.
Recommendation: After the Municipal Administration for Industry and Commerce accepts the application, if it believes that it meets the conditions for the recognition of the provincial famous trademark, it shall be recommended to the Provincial Famous Trademark Recognition Committee after signing the recommendation; where it is found that it does not meet the requirements for designation, it will not be recommended and the applicant will be notified;
Identification: The Provincial Administration for Industry and Commerce organizes the establishment of the Provincial Famous Trademark Recognition Committee, which is responsible for the identification of famous trademarks in the province. If it is recognized as a provincial famous trademark, the Provincial Administration for Industry and Commerce shall issue the "Provincial Famous Trademark Certificate" and make an announcement; If it is not identified, the Provincial Administration for Industry and Commerce shall return the materials and explain the reasons in writing;
Continuation: The validity period of a well-known trademark is three years, and if the title of "Provincial Famous Trademark" needs to be retained after the expiration of the validity period, the trademark owner shall submit an application for renewal three months before the expiration of the validity period of the famous trademark, and the filing and examination of the renewal application shall be subject to the initial recognition procedure of the famous trademark.
Precautions. If you have successfully applied for a famous trademark, then your product quality should reach double excellence, and the company's quality, environment and safety management should meet international standards, and pass the certification and accreditation of national authoritative institutions.
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First of all, a well-known trademark is a trademark that is well known to the public, and if the holder believes that his or her rights have been infringed, he may request protection of the well-known trademark in accordance with the provisions of this Law.
Factors for the recognition of well-known trademarks:
1. The degree of awareness of the relevant public about the trademark (materials that prove the degree of awareness of the relevant public about the trademark).
2. The continuous use time of the trademark (if the trademark is a registered trademark, materials proving that the registration time is not less than three years or the duration is not less than five years shall be provided).
3. The duration, Chengdu and geographical scope of any publicity work of the trademark (the duration, degree and geographical scope of any publicity work, such as the way of advertising and interaction in the past three years, geographical scope, type of publicity and advertising volume and other materials).
4. A record of the trademark being protected as a well-known trademark.
5. Other factors that the trademark is well-known (such as sales revenue, market share, net profit and other materials of the main goods using the trademark in the past three years).
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1. The substantive elements and elements of a well-known trademark are relatively abstract, so it is difficult to operate and control in practice.
2. Determine the abuse of discretion of the law enforcement department, so everyone needs to maintain a good law enforcement order when registering.
3. The formal requirements can ensure the relative stability of the well-known trademark, so that the protection of the well-known trademark can be based on the law.
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1.The qualification of the enterprise must be passed.
2.Businesses are willing to spend money to do it.
3.Professional ** organization.
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Ways to become a well-known trademark: Under normal circumstances, if a party applies for a trademark that is a copy, imitation or translation of a trademark that has not been registered in China by another person, is well known to the relevant public, has been used for a certain period of time, and has a record of being protected as a well-known trademark, the Trademark Office shall determine that the copied or imitated trademark is a well-known trademark, and if the lawsuit is filed in advance due to the aforesaid matters, the court may make a determination.
Legal basis:
Article 13 of the Regulations for the Implementation 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;
(ii) the duration of use of the trademark;
(iii) the duration, extent and geographical scope of any publicity for the mark;
(4) a record of the trademark being protected as a well-known trademark;
(5) Other factors of the well-known trademark.
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