1. The registered trademark holder applies to the Trademark Office

Article 4, Paragraph 1 of the old regulations: “If a trademark registrant requests protection of its well-known trademark rights, it shall apply to the National Industrial and Commercial Administration for The Trademark Office of the State Council submitted an application for recognition of a well-known trademark. "

As for the application procedures and specific standards, the old regulations did not clearly stipulate that only seven types of materials should be submitted, and only one " "Principles of openness and fairness" and stipulates that "the opinions of relevant departments and experts should be consulted when making determinations"

2. The Trademark Office takes the initiative to make determinations

Article 4, paragraph 2, of the old regulations. : "The Trademark Office of the State Administration for Industry and Commerce may identify well-known trademarks based on the needs of trademark registration and management."

3. Pass the determination of trademark opposition cases

Article 4 of the new regulations Paragraph 1: “If a party believes that another person’s trademark that has been preliminarily reviewed and announced violates the provisions of Article 13 of the Trademark Law, he may file an objection with the Trademark Office in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials proving that his trademark is well-known. "Trademark opposition occurs when the party concerned believes that the trademark violates the provisions of the Trademark Law and submits an objection to the Trademark Office that the trademark should not be registered during the announcement period after the preliminary review but before it is registered. Anyone can give this opinion.

The scope of protection of a well-known trademark is much wider than that of a general registered trademark. Some people can consider themselves to be well-known trademarks and expand the scope of protection of their trademarks. Then they can use the name of the well-known trademark holder to If you file an objection, the Trademark Office will review whether it meets the standards of a well-known trademark based on certain standards. The Trademark Office can determine that you are a well-known trademark.

4. Adopt the determination of trademark dispute cases

Article 4, paragraph 2, of the new regulations: “A party that believes that a trademark that has been registered by others violates the provisions of Article 13 of the Trademark Law may rely on the trademark Apply to the Trademark Review and Adjudication Board for a ruling to cancel the registered trademark in accordance with the provisions of the Law and its Implementing Regulations, and submit relevant materials proving that the trademark is well-known."

Trademark disputes and objections are different. For those that have not been registered. Objections raised against a trademark are objections, and objections raised against a registered trademark are disputes. Disputes, like objections, have a time limit.

The reasons for applying for well-known trademark recognition in trademark disputes and trademark objections are the same.

5. Identification in trademark management cases

Article 5 of the new regulations: “In the course of trademark management, the party concerned believes that the trademark used by others falls within the scope of Article 13 of the Trademark Law. In certain circumstances, those who request protection of their well-known trademarks may submit a written request to ban the use of the trademark to the industrial and commercial administration department at or above the city (prefecture, state) level where the case occurred, and submit relevant materials proving that their trademark is well-known. At the same time, a copy shall be submitted to the province where the trademark is located. Level industrial and commercial administrative departments. ”

Trademark management is mainly reflected in the administrative management of trademark infringement. There are many forms of trademark infringement, some are blatant, that is, directly using the trademarks of famous brands, which constitutes infringement, etc., and some are skirting around, imitating famous brand trademarks, and intentionally confusing consumers. Whether this behavior constitutes infringement requires a detailed analysis. . If it is a well-known trademark, then its scope of protection is much wider. If it does not constitute infringement of an ordinary trademark, it may constitute infringement of a well-known trademark, so whether it is a well-known trademark is very important. Now with this method, you can claim that you are a well-known trademark during the investigation and handling of the case.

6. Judicial identification

A: Jinhua 50 well-known Chinese trademarks have been identified through judicial channels

It has been displayed on the homepage of the website of Hengdian Group Lianyi Motor Co., Ltd. "China Famous Trademark" logo. They obtained this "well-known trademark in China" through judicial channels.

At present, some well-known enterprises in Jinhua City have changed their previous practice of only identifying "China's well-known trademarks" through the State Administration for Industry and Commerce and the Trademark Recognition Committee, and instead chose to take judicial channels. In addition to Lianyi Motor's "LINIX" trademark, there are also Yiwu's "Mengna" and Yongkang's "Buyang" and many other trademarks, which have been recognized as "China's well-known trademarks" by courts qualified to hear intellectual property cases.

Among the "China's well-known trademarks" in Jinhua City, about 50 were obtained through judicial channels. in addition. Many companies have also set up specialized intellectual property protection offices and are preparing to apply to the court for recognition of "China's well-known trademarks".

B: Three more well-known Chinese trademarks have been recognized in Ningbo

In just over a month, three brands in Ningbo, namely Fenghua, Oulin and Tangshi, have been judicially recognized as well-known in China. Trademarks, the number of well-known Chinese trademarks in Ningbo suddenly increased from 11 to 14. In fact, it is not just the increase in the number of well-known Chinese trademarks that has caused a stir in the industry in Yongcheng. More and more well-known Ningbo companies are beginning to target the judicial recognition of Chinese well-known trademarks!

Compared with the judicial recognition of well-known trademarks and the review and recognition of well-known trademarks by the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board, there are the following advantages:

1. The review cycle is short. The judicial recognition period for well-known trademarks is 4-6 months. The review and approval by the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board takes three years, and the risk is quite high. If it fails, it will seriously affect the development of the company's brand strategy.

2. The procedure is simple. For judicially recognized well-known trademarks, enterprises only need to provide application materials (with a list of well-known trademark application materials), and our company will plan and assist with other matters in the application.