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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 the use and registration of the trademark;
3. Relevant materials to prove 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 other relevant materials;
4. Relevant materials to prove the protection record 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;
5. Other evidentiary materials to prove 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.
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The materials that need to be submitted by the parties to apply for a well-known trademark to the Trademark Office are:
1. Applicant's identification materials;
2. The relevant public awareness of the trademark, the duration of use, and the record of protection as a well-known trademark;
3. Trademark sample;
4. Other materials.
1. How do the people's courts identify well-known trademarks?
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 for the trademark.
2. How does the Trademark Office identify a well-known trademark?
The Trademark Office determines whether a well-known trademark is a well-known trademark after comprehensive consideration of factors such as the degree of awareness of the trademark by the relevant public of the trademark, the record of the trademark being protected as a well-known trademark, the duration and geographical scope of any publicity work of the trademark, and the duration of use of the trademark.
3. What are the conditions for recognizing a well-known trademark?
The Trademark Law stipulates the conditions for the recognition of a well-known trademark, mainly based on the following five factors: (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.
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 should 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; Excited.
(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.
The criteria for recognition of well-known trademarks are: >>>More
Administrative and judicial determinations. >>>More
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In the 80s of the last century, China's market economy was not perfect, and when the well-known trademark system was introduced, the concept of well-known trademarks was not clear. Just recently, Zhang Mao, director of the State Administration for Industry and Commerce, pointed out that a well-known trademark is a legal concept of trademark protection, not a concept of honor and commercial publicity. >>>More
A well-known trademark in China refers to a trademark that has been recognized as a "well-known trademark" by the competent authority (the Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the People's Court) in accordance with legal procedures. According to the Provisions on the Recognition and Protection of Well-known Trademarks promulgated by the State Administration for Industry and Commerce on April 17, 2003, its meaning can be summarized as a trademark that is widely known to the relevant public in China. >>>More