What should I do to identify well-known trademarks in 216? Let's take a look at what the following small series brings to you? Well-known trademarks in 216? There may be something you need.

How to identify well-known trademarks

A well-known famoustrademarkofChina refers to a trademark that has been identified as? A well-known trademark? The trademark of.

There are several ways to identify well-known trademarks:

In China, how did the identification of well-known trademarks go through? Active identification and centralized management? Arrive? Passive protection, case identification? The transformation.

before the promulgation of the new trademark law, the Trademark Office of the State Administration for Industry and Commerce of China selected some trademarks from a large number of existing trademarks every year to be recognized as well-known trademarks according to specific standards in order to prevent possible disputes. This way of active identification can provide legal protection for the trademark owner in advance, and when the rights are infringed, the right holder can immediately use legal weapons to safeguard his legitimate rights and interests. However, such a way not only highlights the initiative of administrative organs, but also hinders the fairness of identification to a certain extent, making it easy for some manufacturers and enterprises to promote their products and improve their market competitiveness by virtue of the identification of well-known trademarks, rather than improving the market reputation of enterprises and products by really improving product quality and doing a good job in marketing promotion. In addition, the active identification of well-known trademarks also has the problems of time gradient and space gradient, that is, the well-known trademarks are not necessarily well-known at the time of infringement disputes or are not recognized as well-known at the place where infringement occurs. Passive protection, case identification? This new principle of identification is that after a case of trademark ownership or trademark infringement occurs, the parties provide evidence that the trademark is well-known, and the trademark administrative law enforcement organ or judicial organ will identify the trademark involved in the dispute according to the well-known evidence provided by the parties and the legal provisions, so as to protect the well-known trademark. This kind of protection is only effective in this case, not against a third party, nor against market competitors. In the next case involving well-known trademarks, the records that have been recognized as well-known are only provided to the relevant authorities for reference, not as permanent passes. Trademark administrative law enforcement organs or judicial organs can only make a reasonable judgment and determination according to the well-known degree of the trademark at that time and the specific circumstances of the case. This way of identification does not exclude the active identification of administrative organs, but it emphasizes passive identification, case handling, and judgment based on the local reputation of the trademark at that time and the specific circumstances of the case.

The protection of well-known trademarks by the new identification method follows the laws of market economy, and solves the contradiction that the legal status and factual status of well-known trademarks do not match in time and space according to the specific circumstances of the case, and relieves the warp and weft problems of well-known trademarks; At the same time, it is consistent with the international protection of well-known trademarks.

What evidential materials are helpful to identify well-known

(1) Contracts, invoices, bills of lading, bank receipts, import and export certificates, etc. of the goods/services used in the trademark;

(2) Relevant information on the sales area, distribution of sales outlets, sales channels and methods of the goods/services used by the trademark;

(3) Media advertisements, media comments and other publicity materials involving the trademark in radio, movies, television, newspapers, periodicals, internet, outdoor and other media;

(4) information about the exhibitions and expositions attended by the goods/services used in the trademark;

(5) information about the earliest use time and continuous use of the trademark;

(6) the registration certificate of the trademark in China, foreign countries and relevant regions;

(7) Relevant documents that the trademark administrative authority or judicial organ has recognized the trademark as a well-known trademark and given it protection, as well as the infringement or counterfeiting of the trademark;

(8) an appraisal report on the intangible assets value of the trademark issued by a qualified appraisal institution;

(9) statistics of sales, profits and taxes, output value and its ranking, advertising amount, etc. of the goods/services used in the trademark published or issued by authoritative institutions and trade associations with credibility;

(1) the award of the trademark;

(11) other materials that can prove the popularity of the trademark.

in principle, the above evidence is limited to the evidence before the application date of the disputed trademark.

What are the criteria for identifying a well-known trademark

(1) Relevant materials to prove the public's awareness of the trademark;

(2) relevant materials proving the duration of the use of the trademark, including the history and scope of the use and registration of the trademark;

(3) relevant materials proving the duration, degree and geographical scope of any publicity work of the trademark, including the way of advertising and promotion activities, geographical scope, types of publicity media, advertising volume and other relevant materials;

(4) relevant materials proving that the trademark is protected as a well-known trademark, including relevant materials that the trademark was protected as a well-known trademark in China or other countries and regions;

(5) other evidential 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 recent three years.

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What are the principles for identifying similar trademarks and what should I pay attention to?

1. The principle that ordinary buyers can distinguish with ordinary attention.

when a buyer buys a certain brand of goods he needs in the market, he always bases his memory of a certain trademark or the impression it has left in his mind, but this memory and impression are inaccurate or vague, and the buyer usually remembers only some characteristics of the trademark. If two trademarks have the same characteristics, so that ordinary buyers can't distinguish them with ordinary attention, they are similar trademarks. For example, whether the trademarks of household daily necessities are similar should be based on whether the owner can distinguish them with ordinary attention when buying goods. French precedents take this as the standard for identifying trademark similarity. The so-called average buyer should be the final consumer, and should not include middlemen and connoisseurs with special hobbies, because the latter has special experience and will pay special attention to trademarks when purchasing, and generally will not be confused because of similar trademarks. The United States, Canada, Germany, Belgium, Italy, Switzerland and other countries also adopt this principle.

2. Principles of overall observation and comparison of main parts.

whether the two trademarks are similar or not should be observed from the overall situation of the trademarks. This principle is adopted by most countries.

In France, this principle applies to all kinds of goods, including word mark, graphic trademarks and their joint trademarks, such as MONORPIX and MENUPRIX, THERMOR and THERMAX, which are all considered to be similar.

Germany also adopts the principle of overall observation to judge the similarity of trademarks, but in the case law, the trademark effectiveness is divided into the strong and the weak. Where the word mark is short, it is easy for consumers to remember and identify, and a wider recognition standard is adopted when making overall observation on whether the trademark is similar or not. On the other hand, if the trademark is composed of more than two characters, in addition to the overall observation, each character should be observed separately. For conceptual trademarks (including intellectual trademarks), German courts have also banned similar concepts, such as those with two coffee pot designs? You and me? (Duundlch) and? Him and her? (Er& Sie) two trademarks, it is treated as such.

Belgium does not allow trademarks with similar concepts, such as? Tokyo Pearl? (PerleduTokyo) and? Japanese pearls? (PerleduJapan), that is, it is regarded as conceptual approximation.

Japan also observes the case as a whole, for example, the trademark aCONTINENTAL, which uses all caps for the logo? A trademark that is the same as the logo, but only the initial letter is uppercase and the rest are lowercase? Continental? , as approximate.

3. The principle of isolated observation

To distinguish whether trademarks are similar, it is not to carefully compare two trademarks together, but to observe them in isolation. Isolated observation makes the meaning of a certain part of the mark of a trademark stronger, while making the rest an addition of strong meaning. In this case, the average buyer is easy to mistake. Especially when a part of a trademark is not closely related to the rest, it is often used to observe it in isolation to judge whether there is similarity between trademarks.

4. principle of popularity of registered trademarks

some well-known trademarks or well-known trademarks have a stronger function of indicating the origin of goods or services because they enjoy high recognition among the relevant public. Even if the components of such trademarks are added, it is difficult to change the public's understanding of their origin because the well-known parts have a strong role in indicating the origin.

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