In Jiangsu Province, what should you do if you want to apply for the recognition of well-known trademarks? How should you do the recognition of well-known trademarks? The editor has brought you relevant knowledge about the recognition of well-known trademarks, which may include you need.

What evidence materials are conducive to identifying well-known

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

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

(3) Broadcasts involving the trademark , movies, TV, newspapers, periodicals, the Internet, outdoor and other media advertisements, media reviews and other publicity materials;

(4) Related information about exhibitions and expos in which the goods/services used by the trademark participate Information;

(5) Relevant information on the earliest time of use and continued use of the trademark;

(6) Registration certificate of the trademark in China, abroad and relevant regions;

(7) Relevant documents that the trademark administrative authority or judicial authority has recognized the trademark as a well-known trademark and granted protection, as well as the circumstances in which the trademark has been infringed or counterfeited;

(8) The intangible assets value evaluation report of the trademark issued by a qualified evaluation agency;

(9) The sales volume of the goods/services used in the trademark announced or issued by a credible authority or industry association , profits and taxes, output value statistics and their rankings, advertising statistics, etc.;

(10) Award-winning status of the trademark;

(11) Other information that can prove the popularity of the trademark.

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

How to identify maliciously registered well-known trademarks

If you apply for registration by copying, imitating or translating someone else’s well-known trademark, within five years from the date of registration of the trademark, the owner or interested party of the well-known trademark may Request the Trademark Review and Adjudication Board to cancel the disputed trademark. However, if the trademark is registered in bad faith, the well-known trademark owner’s request to cancel the disputed trademark is not subject to the five-year time limit.

To determine whether the applicant for the disputed trademark has bad faith, the following factors may be considered:

(1) The applicant for the disputed trademark has had trade or cooperative relations with the owner of the well-known trademark;

(2) The applicant for the disputed trademark and the owner of the well-known trademark are located in the same region or the goods/services of both parties have the same sales channels and geographical scope;

(3) If the applicant for the disputed trademark has had other disputes with the owner of the well-known trademark, the well-known trademark can be known;

(4) The applicant for the disputed trademark and the owner of the well-known trademark have had internal contacts;

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(5) After registration, the applicant for the disputed trademark has the purpose of seeking improper benefits, using the reputation and influence of the well-known trademark to conduct misleading publicity, coercing the owner of the well-known trademark to cooperate with it in trade, and threatening the owner of the well-known trademark. Or others demand high transfer fees, licensing fees or infringement compensation;

(6) Well-known trademarks have strong originality;

(7) Others can be identified as Malicious circumstances.

What factors should be considered to determine whether a trademark is well-known?

To determine whether another person's trademark constitutes a well-known trademark, the following factors should be considered comprehensively based on the circumstances of the case, but it does not mean that the trademark must meet all of the following factors. Prerequisites:

(1) The relevant public’s awareness of the trademark;

(2)The duration of use of the trademark;

(3)The trademark The duration, extent and geographical scope of any publicity work;

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

(5) Registration status of the trademark;

(6) Other factors that make the trademark famous.

Who can revoke a well-known trademark

According to the provisions of Paragraph 2 of Article 41 of the Trademark Law, in addition to the owner of a well-known trademark, interested parties can also apply to the Trademark Review and Adjudication Board Ruling to cancel the registered trademark.

The following entities are interested parties:

(1) Licensees of well-known trademarks;

(2) Other entities with evidence proving their interest in the case.

Whether a person is an interested party shall be determined at the time when the review application is submitted. However, those who already have an interest during the trial of the case shall also be recognized as interested parties.

Well-known trademark recognition