2. Apply for registration in both the categories currently involved and those that may be involved in the future, and carry out defensive protection to prevent others from preempting. The most important protection measure is to register yourself first, and having prior rights is king. If the right is in hand, others will not pass the registration, and if infringement is found, they can better defend their rights. After registration, after long-term use and popularity, I am slowly applying for famous trademarks and well-known trademarks.
At present, there are only two ways to identify well-known trademarks in China:
First, the identification of well-known trademarks through the Trademark Office and the Trademark Evaluation Board is the way of administrative identification. Paragraph 1 of Article 2 of China's Trademark Law stipulates: "The Trademark Office of the State Council Administration for Industry and Commerce is in charge of the national trademark registration and management." Paragraph 2 of Article 5 of the Detailed Rules for the Implementation of the Trademark Law stipulates: "The Trademark Office and the Trademark Review and Adjudication Board shall, at the request of the parties concerned and on the basis of ascertaining the facts, determine whether their trademarks constitute well-known trademarks in accordance with Article 14 of the Trademark Law." The Interim Provisions on the Recognition and Management of Well-known Trademarks points out that well-known trademarks should meet the three conditions stipulated in Article 5 of the Regulations for the Implementation of the Trademark Law:
1. They should enjoy a high reputation in the market;
2. It is well known to the relevant public;
3. Yes, the registration has been approved. According to Article 14 of the Trademark Law, when judging whether a trademark meets the above conditions, the Trademark Office should consider the following factors:
1. The awareness of the relevant public about the trademark;
2. the duration of the use of the trademark;
3. The duration, degree and geographical scope of any publicity work of the trademark;
4. The record that the trademark is protected as a well-known trademark;
5. Other factors of the well-known trademark. Therefore, according to the above provisions, well-known trademarks can be identified by the Trademark Office and the Trademark Evaluation Board, that is, administrative identification.
second, the way to identify well-known trademarks through court judgment is the way of judicial identification. Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates that: in the trial of trademark disputes, the people's court may, according to the request of the parties and the specific circumstances of the case, determine whether the registered trademarks involved are well-known according to law.
well-known trademarks shall be recognized in accordance with the provisions of Article 14 of the Trademark Law. Article 6 of the Interpretation of Several Issues Concerning the Application of Laws in the Trial of Civil Disputes Involving Computer Networks and Domain Names, which came into effect on July 24, 21, also has similar express provisions. It can be seen that China has also established a trial mechanism for people's courts to recognize well-known trademarks and carry out judicial protection. Thus, the dual-track identification method of well-known trademarks in China has been determined, and the internationally accepted principle of "case identification and passive protection" has been fully implemented. The identification method of well-known trademarks has been integrated into the international community and strengthened the strength of Chinese enterprises to participate in international market competition. According to judicial practice and case handling practice, we think it is very necessary for enterprises to register their trademarks in time to legalize them; And promptly identify qualified registered trademarks as well-known trademarks through administrative or judicial means; In this way, the market competitiveness of enterprises will be greatly enhanced, and enterprises will be in a favorable position in trademark cases.