Does the registration of a well known trademark take time to be examined?

Hello! A well-known trademark has a registration time requirement, which requires two years of approval for registration and three years of use.

2. Except for special circumstances, the registered capital of the enterprise holding the trademark shall generally not be less than 10 million yuan, and the actual assets shall generally be more than 50 million yuan.

3. The registration and use time of the trademark shall be more than 3 years, and it is difficult to determine if the use time is short. But if it is an unregistered trademark, it can also be very well-known, such as Little Sheep, Super Girl, and Mengniu Yogurt.

4. If the trademark is a provincial famous trademark, the company has won more national and provincial honors, and will have a huge advantage.

5. The existing value of the trademark shall generally be more than 10 million yuan after being evaluated by relevant institutions.

6. The annual output value of the trademark owner's goods using the trademark in the past three years should be more than 100 million yuan, the annual sales revenue should be more than 50 million yuan in principle, and the market share should be among the top 20 in the same industry in the country.

7. The trademark owner enterprise shall generally pay more than 10 million yuan of taxes every year in the past three years.

8. The product market is not limited to the local area, and the products are sold to at least half of the provinces and municipalities in the country, and it is best to have a sales network throughout the country. It is better for the products to be sold abroad. In other words, the sales area of the goods using the trademark should cover the main areas of the country.

9. The trademark should be advertised through multiple channels, in an all-round and uninterrupted manner, and the advertising and publicity expenses of the provincial and ** level in the past 3 years shall not be less than 5 million yuan per year. Publicity includes advertising, advertorials, event naming, outdoor, etc. (This article is different according to different product requirements, mass products require more advertising, intermediate products require much lower requirements.)

10. It is best for the enterprise to be the governing unit of the national industry association and chamber of commerce.

11. It is best for enterprises to be the setters and participants of industry standards.

12. The company's main products have won the title of Chinese brand products as the best.

13. The company's flagship products have won the title of national inspection-free products as the best.

14. It is not important that the scale of the enterprise is small, the key is the industry ranking. Because there are industries where all businesses are small.

15. The scale of the enterprise is very large, and it may not meet the conditions, because maybe all the enterprises in this industry are large enterprises.

It has been registered for 2 years and used for 3 consecutive years.

Under normal circumstances, the whole process of recognition of well-known trademarks generally takes 1-2 years. The rules for the recognition of well-known trademarks are closed: (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 mark; (4) a record of the trademark being protected as a well-known trademark; and (5) other factors of the well-known trademark.

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 work on the dissemination of 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 trademark civil or administrative case, if a party claims rights in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may, according to the needs of the trial of the case, make a determination of the well-known name of the Shanghu State. 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.

China's relevant laws only stipulate the application process for well-known trademarks, but do not stipulate the application time for well-known trademarks. However, under normal circumstances, the whole process of recognition of a well-known trademark generally takes 1-2 years.

1. What are the rules for the recognition of well-known trademarks?

The determination of a well-known trademark shall take into account the following factors in accordance with Article 14 of the Trademark Law, but it is not premised that the trademark must meet all of the following factors:

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 mark;

4) a record of the trademark being protected as a well-known trademark;

and (5) other factors of the well-known trademark.

2. What can be used as evidence for a well-known 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 recent years.

In accordance with the provisions of the Implementing Regulations, when a dispute arises in the process of trademark registration or trademark review, if the relevant party considers that it is a well-known trademark, it may accordingly request the Trademark Office or the Trademark Review and Adjudication Committee to recognize the well-known trademark, reject the application for trademark registration in violation of the provisions of the Trademark Law, or cancel the trademark registration in violation of Article 13 of the Trademark Law. When the first person concerned files an application, it shall submit evidence that its trademark constitutes a well-known trademark.

There is no time limit for filing a well-known trademark. However, there are application criteria. The details are as follows:

1. A well-known trademark shall be a well-known trademark held by the relevant public clearance;

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

3. The duration of the use of the trademark reaches a certain standard;

4. Other standards.

[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;

3) the duration, extent and geographical scope of any publicity work to celebrate the trademark;

(4) a record of the trademark being protected as a well-known trademark;

(5) Other factors that make the trademark well-known.

Time to apply for a trademark: It generally takes about one year for a new trademark to be issued from application to issuance, of which it takes about one month for application acceptance and formal examination, about four to five months for substantive examination, three months for opposition period, and about three months from approval announcement to issuance.

1. Application process for well-known trademarks.

The whole process of recognition of well-known trademarks is divided into the following five stages:

1) Preliminary contact and preliminary judgment;

2) Sign the entrustment agreement;

3) Preparation of application materials;

4) Formal declaration stage;

5) Publicize and report, publicize the enterprises that have obtained the well-known trademark in the magazine "China Well-known Trademark" and the "China Well-known Trademark Network", and enter it into the China Well-known Trademark Database.

2. Conditions for the recognition of well-known trademarks.

1. The trademark is widely known to the relevant public and enjoys a high reputation in China. 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 aforesaid goods or provide services, and sellers and related personnel involved in the distribution channels. Wax state loss.

2. The recognition of well-known trademarks is an important legal link for the case handling authorities to resolve disputes over well-known trademark cases, and is an important part of the legal protection of intellectual property rights. The Trademark Office and the Trademark Review and Adjudication Board adhere to the principle of "passive protection and case-by-case identification" in identifying well-known trademarks. Article 1 of the Trademark Law.

Ten. III.X.

4. Article 41 and Article 41 of the Regulations for the Implementation of the Trademark Law.

Five, forty. Article 5 and Article 53 stipulate the requirements for handling well-known trademark cases.

Article 13 of the Trademark Law stipulates that if a trademark applied for registration in respect of identical or similar goods is a copying, 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 a 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.

1) In the event of a dispute arising in the process of trademark registration or trademark review, if the relevant party believes that its trademark constitutes a well-known trademark, it may accordingly request the Trademark Office or the Trademark Review and Adjudication Committee to recognize the well-known trademark, reject the application for trademark registration in violation of Article 13 of the Trademark Law, or revoke the trademark registration in violation of Article 13 of the Trademark Law. When the relevant party files an application, it shall submit evidence that its trademark constitutes a well-known trademark.

2) If the use of a trademark violates the provisions of Article 13 of the Trademark Law, the relevant party may request the administrative department for industry and commerce to prohibit the use. When a party files an application, it shall submit evidence that its trademark constitutes a well-known trademark.

Legal analysis: The procedure for the recognition of a well-known trademark is to submit an application report for the recognition of the well-known trademark, and evidence of the infringement of its trademark rights and interests must be provided in the report. At the same time, the applicant should truthfully fill in the application form for recognition of well-known trademarks and provide the corresponding supporting materials.

Legal basis: Article 2 of the Trademark Law of the People's Republic of China *** The Trademark Office of the Administration for Industry and Commerce is in charge of the national trademark registration and management. The administrative department for industry and commerce has set up a Trademark Review and Adjudication Board to handle trademark disputes.