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A certain website’s lawsuit against the Bilibili trademark was rejected. What are the criteria for identifying well-known trademarks?

Bilibili, founded in 2009, is a cultural community and video platform favored by young people. Netizens like to call it Bilibili.

On September 13, the first-instance judgment of Information and Telecommunications Administrative Management Information and Telecommunications Administration between Station B’s affiliated company Telecom Information Technology Co., Ltd. and the State Intellectual Property Office was made public.

1. The documents show that Shanghai Huandian Information Technology Co., Ltd. filed a request for invalidation of the disputed trademark "Bilibili" held by Jinjiang Jiande Food Co., Ltd. and submitted it to the State Intellectual Property Office. Relevant evidence, the court believed that the focus of this case is whether the application for registration of the trademark in dispute constitutes the situation referred to in Article 13, Paragraph 3 of the Trademark Law: an application for registration of a trademark for dissimilar or dissimilar goods. If it is a copy, imitation or translation of someone else's well-known trademark that has been registered in China,

misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it will not be registered and its use will be prohibited. ?

The criteria for identifying a well-known trademark are: the degree of awareness of the trademark by the relevant public; the duration of use of the trademark; the duration, extent and geographical scope of any publicity work for the trademark; the role of the trademark as Records of the protection of well-known trademarks; other factors that make the trademark famous.

The court held that based on the above provisions, to determine whether a trademark constitutes a well-known trademark, it is necessary to determine whether the evidence on record is sufficient to prove that the trademark has been used in the goods or services for which it is approved for use from time or place. From a spatial perspective, extensive publicity and promotion was carried out, and the trademark gained high visibility. In the end, the court determined that the evidence on record submitted by Station B was insufficient to prove that the cited trademark had a high reputation in the training and other services approved for use and did not meet the standards for well-known trademark recognition. Station B’s The lawsuit was dismissed.

2. There is really nothing wrong with this! There is absolutely no reason why the support for Internet companies is not as strong as that of traditional industries.

Please note that the first factor is the category; the second factor is whether you have been recognized or can be recognized as a "well-known trademark" when others register other categories. Obviously, at least not in 2017! Have you forgotten the three companies "Aiyouteng"? Or

In 2017, the investment amount and influence of Bilibili as a video platform website exceeded these three? If I don’t register and pay according to the law early, I will hope to eat more and occupy more when my influence becomes greater. Isn't this bad? The question and the previous answerer's writing are so awkward that it is difficult to see the key points. I will give you a version that is too long to read: "Bilibili BILIBILI" trademark was registered by Jiande Company

and is operated by Bilibili The merchant applied to the State Intellectual Property Office for a ruling that the trademark registration was invalid, but was rejected. Later, he applied to the court for a new ruling, which was rejected.

Shushu, I like to watch my uncle eat up.

To put it simply, a well-known trademark is:

Be super big, super awesome, and known by many people in your own category.

For example, Hengyuanxiang, Nanjiren, Great Wall Dry Red, Bosideng, etc.

You don’t care what their products are, but they at least make their own reputation while making those products. Very big.

Let’s look at Station B

The “bilibili” registered at Station B lists these things like this. What is it trying to express?

As long as you are serious about the categories you registered at Station B, it won’t be like this.

Why use an Internet service category trademark to sue a food category trademark?

Because you are not in the food category. If you really pay money If you make cereals and coffee, you may still be able to compete in a few years. After all, you can use your own platform to promote brands in the food category.

3. But even if Station B is really good at making cereals, it may continue to be rejected.

Refer to "MUJI" and "MUJI".

Isn’t Japan’s Muji more influential than your B station? Still being bullied by Beijing Muji, I lost my temper.

In the category of textile products, Japan's Muji can only make shrouds, which is frustrating.

Although Beijing MUJI is trying to catch MUJI, it is operating normally, and its registered trademarks will be protected in that category, so

Some of MUJI’s bed sheets Products cannot be labeled "MUJI".

Japan’s Muji has failed in this category, and the same is true for station B this time. Does not meet the standards for recognition of well-known trademarks

Huandian Company filed a request for invalidation of the disputed trademark "Bilibili" held by Jiande Company, and submitted relevant documents to the State Intellectual Property Office

Evidential materials.

Because the evidence in the case is not enough to prove that the cited trademark "BILIBILI" has a high reputation in the training and other services approved for use.

Therefore, the cited trademark does not meet the standards for the recognition of well-known trademarks in Article 14 of the Trademark Law, and the plaintiff Shanghai Huandian Information was dismissed. Since the Sanlu incident, the state has rarely given corporate brands "well-known trademarks" Identified. Because well-known trademarks can boast categories

even if you have not registered the category, others cannot register it to prevent it from gaining popularity.

Four. Moreover, the protection of well-known trademarks is really comprehensive. To give a simple example, there is a herbal tea brand called Wanglaoji, and Wanglaoji is a well-known trademark. As for Jiaduobao Company, the company that previously produced and sold Wong Lo Kat, its Jiaduobao is not a well-known trademark, but just an ordinary trademark. The advantage of a well-known trademark is that it is particularly convenient to fight against counterfeiting. Therefore, 99% of the copycat companies have obtained the trademark license from Wanglaoji Company. The Wanglaoji lotus seeds and other Wonglaoji products you see on the street are all licensed by Guangzhou Pharmaceutical Company.

If you produce Wong Lo Kat drinks without obtaining a trademark license, there will be big problems if you are caught. On the contrary, you can basically see Jiaduobao Company in Tianjin and Jiaduobao Company in Pingdingshan. These are copycats. Jiaduobao's anti-counterfeiting costs are very high. Because you are not a well-known trademark, the protection

is not that strong. If someone else uses your trademark to create a company, it will be difficult for you to protect your rights. However, this is not the case with Wong Lo Kat. If you use Wong Lao Kat as a company name, others will definitely sue you. Yes, well-known trademarks are so good. Not only can your trademarks not be registered, but your company name cannot be registered either.

Station B should not be a well-known trademark. It is very, very, very difficult to identify well-known trademarks now. Just thinking about buying it with money from Station B has become an industry! As long as a company is famous, register the company's brand immediately

It is a famous company but it cannot be registered, such as Xiaomi Group, Apple, and Jordan. You think these companies do not know trademarks? Law? It's because he couldn't register at all, and the huge sum of money was extorted from many interest groups! Everyone wants a bite of meat!