Now in Jiangsu, a company needs to apply for well-known trademark recognition. What should they do? Let's take a look at what the following small series brings to you? Jiangsu well-known trademark recognition? There may be something you need.
What is a well-known trademark
Most of the well-known trademarks in China are recognized by the State Administration for Industry and Commerce (Trademark Office and Trademark Review and Adjudication Board), and the proportion of well-known trademarks recognized by them is larger than that of the people's courts. When disputes arise in 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 may, at the request of the parties concerned, determine whether their trademarks constitute well-known trademarks according to specific facts.
what materials should be submitted to apply for the recognition of a well-known trademark
A well-known trademark refers to a registered trademark that enjoys a high reputation in the market and is well known to the relevant public. A well-known trademark is recognized by the Trademark Office, and the following supporting documents shall be submitted when applying for a well-known trademark: (1) the sales volume and sales area of the goods using the trademark in China; (two) the main economic indicators of the goods using the trademark in the past three years and their ranking in the same industry in China; (3) the advertising information of the trademark; (four) the sales volume and sales area of the goods using the trademark in foreign countries; (five) the earliest use of the trademark and the time of its continuous use; (six) the registration of the trademark in China and foreign countries. (7) Other documents proving that the trademark is well-known.
What are the conditions for the recognition of well-known trademarks?
A well-known trademark should meet at least the following four conditions in addition to the essential requirements for general registration:
1. A trademark that enjoys a good reputation for product quality is the unity of goods and trademark identification, and a trademark is only a mark of goods. The law does not stipulate that the goods indicated by a trademark must meet certain quality standards, but only meet the specifications registered when using or applying for registration. However, the goods shown in well-known trademarks must be of good quality, meet the statutory requirements and specifications, and remain stable for a long time and enjoy credibility. The quality and reputation of goods is the fundamental premise of well-known trademarks. And this credibility, and the so-called? Provincial Excellence? 、? Bu you? 、? Guoyou? It has nothing to do with the size and level of the manufacturer and the gold, silver and international awards it has won. This kind of reputation refers to social reputation, which is a comprehensive reflection naturally formed by consumers after long-term use. From this, we can also think that the well-known trademark itself is the symbol of high-quality goods, and high-quality goods are the core of well-known trademarks.
2. Trademarks well known to the public. This condition indicates that well-known trademarks are well-known or well-known trademarks for consumers and operators, or are they enjoyed? A trademark of great prestige? When people look at a well-known trademark, they are naturally associated with the high-quality goods and trade names (manufacturer names) shown in the trademark. In modern society, there are thousands of different kinds of goods in Qian Qian. There are many manufacturers who manufacture and distribute the same kind of goods, and they all dress up in modern packaging and decoration, making them in various ways. It is impossible for consumers to identify the quality of various goods by intuition such as eyes, hands and feet, and they mainly rely on brand recognition to buy goods, and they have a sense of security and trust. Thus, if a trademark is to become a well-known trademark known to the public, it must have a long history of production and marketing, considerable sales volume and turnover, and its trademark itself, as an intangible property, must also have great commercial value. A commodity trademark that has been used for a short time or has a small market sales volume cannot become a well-known trademark. Or a new product, which is known to the public in a short period of time only by the unique trademark design art and huge advertising expenses of the manufacturer, but ignores the inherent quality of the goods shown in the trademark, can only belong to? False trademark? . Of course, this is well known to the public? The public? , is not everyone knows and household names. Because many commodities are only used by specific people and distributed by specific vendors. Therefore, it is well known to the public and should be understood as being known to a large number of specific consumer groups and a large number of specific dealer groups.
3. Every country has its own standards to limit the trademark that enjoys a reputation in a considerable geographical scope. For example, sponsored by Landau Company of the United States, in 199, on the basis of social inquiry, the world's top 1 well-known trademarks were selected, namely? Coca cola? 、? Sony? 、? Mercedes? 、? Kodak? 、? Disney? 、? Nestle? 、? Toyota? 、? McDonald's? 、? IBM? 、? Pepsi? These trademarks enjoy a great reputation in the United States, Japan, Germany, Switzerland and other western European regions. Although countries are interested in well-known trademarks? A considerable geographical scope? There is no exact standard, but one thing is the same, that is, as a well-known trademark, it must enjoy a reputation abroad, at least in one or two countries.
4. A registered trademark with a general trademark, which has been selected by consumers and recognized by a specific authority, can be applied by the trademark user and approved by the Trademark Office. However, well-known trademarks must be selected by consumers and confirmed by a specific authority, and announced to the public. Well-known trademarks recognized for the first time in China in 1992 were declared by trademark users. After being published in the press, they were voted by consumers, and the State Trademark Office organized relevant units to screen them. Finally, they were recognized and announced by the State Trademark Office, with the results of consumer voting as the main basis.
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.
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