The identification of well-known trademarks is very special, but what are the principles for the identification of well-known trademarks now? What is the way to identify well-known trademarks? Xiaobian brought it to you? Principles of well-known trademark recognition? Related knowledge, which may be what you need.

principles of well-known trademark recognition

how to apply for well-known trademark recognition?

the identification of well-known trademarks is very special, following the principles of case identification and passive identification.

The so-called case identification refers to the identification of well-known trademarks through a specific case that has occurred and is being processed in order to solve the trial of the case. The result of this determination will often directly affect the verdict of this case.

Passive identification means that at the request of the trademark owner, the relevant departments determine whether the trademark is well-known and whether it can be protected in an expanded scope. Accreditation agencies do not take the initiative to exercise their functions and powers to identify well-known trademarks, but are determined according to the application or request of the parties, which is different from civil litigation? Don't tell me? The principle is consistent, and the accreditation procedure is started according to the application or request of the parties. Otherwise, the accreditation body has no right to take the initiative to identify.

in the fierce market environment, if there is no dispute over trademark rights, the trademark owner cannot take the initiative to apply for the recognition of well-known trademarks. Why is the way to identify well-known trademarks so weird? The legal logic is: if no one copies you and there is no dispute, then it can only show that you are not well-known.

ways to identify well-known trademarks in China

well-known trademarks refer to? A trademark that is widely known to the relevant public and enjoys a high reputation in China? It is an important intangible asset formed by the long-term investment of various economic resources by enterprises. Compared with general trademarks, well-known trademarks have a broader sense of market identity and potential market attraction. Through their higher popularity and reputation, they can improve the competitiveness of enterprises in the market and bring rich economic benefits to enterprises, thus becoming a powerful weapon for enterprises to participate in market competition. Moreover, in today's market environment, well-known trademarks are not only used to distinguish the origin of goods, but also become a part of goods, representing the good quality of goods and bearing more trust from consumers. In this case, give necessary protection to well-known trademarks and put an end to them? Hitchhiking? The behavior is very important for safeguarding the interests of well-known trademark owners and consumers.

A list of ways to identify well-known trademarks:

Principles for the protection of well-known trademarks? Case identification, passive protection?

nature of the procedure of the accreditation body

legal basis

application method

effectiveness

time limit for examination and approval

administrative procedures of the Trademark Office

1. Article 13 of the Trademark Law

2. Article 5 of the Provisions on the Recognition and Protection of Well-known Trademarks

3. After examination, the accepting organ shall report to the Trademark Office step by step, and the Trademark Office shall make a determination.

judicial organs conduct examination and supervision. The final judgment shall be made by the judicial organ at the request of the party concerned

The time limit for reporting by the industrial and commercial departments at all levels is: within 3 days from the date of filing the case

2. Objection procedure

12 months from the date of expiration of the announcement. Under special circumstances, with the approval of the State Council Administration for Industry and Commerce, it can be extended for six months.

The Trademark Review and Adjudication Board

1. Article 13 of the Trademark Law

2. Article 6 of the Provisions on the Recognition and Protection of Well-known Trademarks

3. Article 3 of the Regulations for the Implementation of the Trademark Law

3. At the request of the parties, the final judgment is made by the judicial organs

12 months. Under special circumstances, it may be extended for six months with the approval of the administrative department for industry and commerce of the State Council

4. Request for invalidation procedure under relative conditions (in violation of Article 13, paragraphs 2 and 3 of the Trademark Law, the prior obligee or interested party may request. )

12 months. Under special circumstances, with the approval of the administrative department for industry and commerce of the State Council, the judicial procedure of the people's court can be extended for six months

1. Article 3, paragraph 2, of the Interpretation of the Supreme People's Court on the Jurisdiction and Legal Application of Trademark Cases after the Implementation of the Trademark Law Amendment Decision

2. Trademark Law and its Implementation Regulations

3. Interpretation of Internet Domain Names (No.

Generally, it takes 6-12 months for the first trial and 3-6 months for the second trial

6. Administrative litigation

Generally, it takes 3 months for the first trial and 2 months for the second trial

Identification procedures of well-known trademarks

1. Well-known trademarks refer to trademarks that are widely known to the relevant public and enjoy a high reputation in China. According to the relevant provisions of the Trademark Law, the following factors should be considered when identifying a well-known trademark: 1. The public's awareness of 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 trademark as a well-known trademark protection records; 5. Other factors that make the trademark well-known.

second, according to the provisions of the Trademark Law and the implementing regulations, in the process of trademark registration and trademark review, a trademark applied for registration of the same or similar goods is a well-known trademark that is copied, imitated or translated by others and is easily confused; Or the trademark applied for registration of different or similar goods is a well-known trademark that has been registered in China by others, misleading the public, and thus the interests of the registrant of the well-known trademark may be damaged. If the relevant party thinks that its trademark constitutes a well-known trademark, it may request the Trademark Office or the Trademark Review and Adjudication Board to identify the well-known trademark and reject the application of the relevant party. When applying, the parties concerned shall submit evidence that their trademarks constitute well-known trademarks.

III. Materials to be submitted for the identification of well-known trademarks

(1) About the request for identification? **? Report that the trademark (hereinafter referred to as the trademark application) is a well-known trademark

(2), application form for well-known trademark recognition

(3), annex

Annex I:? * * Enterprise? (Applicants for well-known trademarks, The development process and scale of the applicant

1. The evolution of the applicant

2. Copies of business licenses at various stages of the applicant's development process

3. Copies of certificates proving the applicant's scale

Attachment 2: Evidence of the earliest use and continuous use of the applied trademark

1. Copies of evidence that the applied trademark was first used in * * years

2. Copy of the registered certificate approved in

3. Description of the originality and connotation of the applied trademark

4. Evidence of the continuous use of the applied trademark

Annex III: Registration of the applied trademark at home and abroad

1. Registration of the applied trademark at home

2. Application of the applied trademark at home

3. Application of the applied trademark at abroad (region). Application for registration

4. Registration of other trademarks of the applicant

Appendix 4: Main economic and technical indicators of the goods using the trademark application in the past three years and their ranking in the same industry in China

1. The balance sheet of the applicant in the past three years, Income statement

2. Statistics of the production and sales of products using the applied trademark in recent three years

3. Ranking of the applicant's main economic indicators in the same industry in China

4. Application of quality standards by the applicant

Annex V: Sales of goods using the applied trademark at home and abroad

1. Sales network of the applicant in China

2. Sales of the products applying for the trademark in China and copies of evidence. Copy of information and evidence

Appendix 6: Advertising information of trademark application

1. List of total investment in trademark application in recent three years

2. Publication of trademark application in some media and copy of evidence

3.** Publication of trademark application in some media and copy of evidence

4.** Publication of advertisements for trademark application and copies of evidence in some media in the year

5. Some advertising pictures and evidence

6. Other publicity for trademark application (such as exhibitions, internet, etc.)

Annex VII: Other evidence for trademark application

1. Is the trademark application recognized as? * * Famous trademarks? Copy of the certificate

2. Proof of excellent quality of the products applying for trademark

3. Evidence of enterprise reputation and award-winning situation

4. Enterprise performance has been recognized by leaders at all levels, Evidence that people from all walks of life and the media pay attention to and affirm

Appendix 8: Legal demands for applying for a trademark to identify a well-known trademark

1. Evidence that others have been investigated for infringement of the exclusive right to apply for a trademark

2. Evidence that others have used and registered a trademark similar to the applied trademark on the same or similar goods or services

3. Evidence that the applied trademark has been used and registered by others on non-similar goods or services

4. Evidence that the applied trademark has been used as an enterprise name by others.