It is inconvenient to point out the specific process of well-known trademark recognition in 2015, but some important processes can be listed for you:
(1) The "Provisions on the Recognition and Protection of Well-known Trademarks" points out : A well-known trademark refers to a trademark that is widely known to the relevant public and enjoys a high reputation. The relevant public includes consumers related to the certain type of goods or services indicated by the trademark, other operators who produce the goods or provide services indicated by the trademark, as well as sellers and related personnel involved in the distribution channels.
At present, my country implements a dual-track system that can be recognized by both administrative departments and people's courts, but it must be based on an application or request by the party concerned, and the application or request must be based on the damage to relevant rights and interests. The protection of well-known trademarks is also different from that of ordinary trademarks which are limited to identical or similar goods. Well-known trademarks adopt cross-class protection. As long as it is recognized as a well-known trademark, other companies are not allowed to use the well-known trademark in any of their products.
(2) Administrative recognition: For a long time, most well-known trademarks have been recognized by the State Administration for Industry and Commerce (Trademark Office and Trademark Review and Adjudication Board). Compared with the People’s Court, the proportion of well-known trademarks recognized by them is bigger. When disputes arise during 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 can determine whether the trademark constitutes a well-known trademark based on the request of the party concerned and based on specific facts.
1. Recognition by the Trademark Office: To apply for recognition of a well-known trademark, relevant materials must be submitted through the industrial and commercial administration bureau of the province, autonomous region, or municipality directly under the Central Government (hereinafter referred to as the provincial industrial and commercial bureau). The Trademark Office of the State Administration for Industry and Commerce will promptly submit the relevant application materials that have undergone preliminary review and signed opinions by mail to the Trademark Office of the State Administration for Industry and Commerce. Finally, the Trademark Office of the State Administration for Industry and Commerce will determine whether the trademark is well-known.
2. Determination by the Trademark Review and Adjudication Board: In accordance with the provisions of the Trademark Law and Regulations, when a dispute arises during the trademark review process, if the relevant party believes that its trademark constitutes a well-known trademark, it may request the Trademark Review and Adjudication Board to determine the well-known trademark. trademark, at this time, the relevant parties shall submit evidence that their trademark constitutes a well-known trademark in accordance with the law.
3. Determination by the People's Court: When hearing trademark dispute cases, the People's Court may, based on the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known in accordance with the law. The promulgation of two normative documents, "The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names" and the "Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Civil Disputes involving Trademarks", have provided the People's Court with Well-known trademarks provide sufficient legal basis.
At present, many companies have recognized their trademarks as well-known trademarks through the emerging judicial method. This reflects to some extent the enhancement of corporate trademark awareness and brand awareness, and is of great significance to corporate intellectual property rights protection. Positive significance; at the same time, the judicial identification method can be completed in the local intermediate people's court, making the identification of well-known trademarks more convenient, and therefore has become the first choice method for many enterprises. Well-known trademark