What are the factors for determining a well-known trademark?

What are the factors for the recognition of well-known trademarks? How can I prove that a trademark is well-known? Let’s take a look at what the editor has brought to you below. What are the factors for the recognition of well-known trademarks? You may be one of them. required.

Factors for the identification of well-known trademarks

The "Regulations on the Identification and Protection of Well-known Trademarks" states that: Well-known trademarks refer to trademarks that are widely known to the relevant public in China and enjoy a high reputation. The relevant public includes consumers related to the certain type of goods or services indicated by the trademark, other operators who produce the goods or provide services indicated by the trademark, as well as sellers and related personnel involved in the distribution channels.

According to the provisions of my country’s Trademark Law, the following factors should be considered in determining a well-known trademark:

(1) The degree of awareness of the trademark by the relevant public;

(2) The duration of use of the trademark;

(3) The duration, extent and geographical scope of any publicity work for the trademark;

(4) The trademark is a well-known trademark Protected records;

(5) Other factors that make the trademark famous.

When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the above factors, but this does not assume that the trademark must meet all the factors stipulated in this article.

What evidence materials are conducive to identifying well-known

(1) Contracts, invoices, bills of lading, bank invoices, import and export vouchers, etc. for the goods/services used in the trademark;

(2) Relevant information on the sales area, distribution of sales outlets and sales channels and methods of the goods/services used by the trademark;

(3) Broadcasts involving the trademark , movies, TV, newspapers, periodicals, the Internet, outdoor and other media advertisements, media reviews and other publicity materials;

(4) Related information about exhibitions and expos in which the goods/services used by the trademark participate Information;

(5) Relevant information on the earliest time of use and continued use of the trademark;

(6) Registration certificate of the trademark in China, abroad and relevant regions;

(7) Relevant documents that the trademark administrative authority or judicial authority has recognized the trademark as a well-known trademark and granted protection, as well as the circumstances in which the trademark has been infringed or counterfeited;

(8) The intangible assets value evaluation report of the trademark issued by a qualified evaluation agency;

(9) The sales volume of the goods/services used in the trademark announced or issued by a credible authority or industry association , profits and taxes, output value statistics and their rankings, advertising statistics, etc.;

(10) Award-winning status of the trademark;

(11) Other information that can prove the popularity of the trademark.

The above evidence is in principle limited to evidence before the application date of the disputed trademark.

How to prove that a trademark is well-known

The following materials can be used as evidence to prove that a trademark is well-known:

(1) Relevant materials that prove the relevant public’s awareness of the trademark ;

(2) Relevant materials proving the duration of use of the trademark, including the history and scope of use and registration of the trademark;

(3) Any evidence proving the trademark Relevant materials on the duration, extent and geographical scope of the publicity work, including the methods of advertising and promotional activities, geographical scope, types of publicity media and the amount of advertising;

(4) Proof of the Relevant materials showing that the trademark is protected as a well-known trademark, including relevant materials indicating that the trademark has been protected as a well-known trademark in China or other countries and regions;

(5) Other evidentiary materials proving that the trademark is well-known, Including the production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main products using the trademark in the past three years.

How to identify maliciously registered well-known trademarks

If you apply for registration by copying, imitating or translating someone else’s well-known trademark, within five years from the date of registration of the trademark, the owner or interested party of the well-known trademark may Request the Trademark Review and Adjudication Board to cancel the disputed trademark. However, if the trademark is registered in bad faith, the well-known trademark owner’s request to cancel the disputed trademark is not subject to the five-year time limit.

To determine whether the applicant for the disputed trademark has bad faith, the following factors may be considered:

(1) The applicant for the disputed trademark has had trade or cooperative relations with the owner of the well-known trademark;

(2) The applicant for the disputed trademark and the owner of the well-known trademark are located in the same region or the goods/services of both parties have the same sales channels and geographical scope;

(3) If the applicant for the disputed trademark has had other disputes with the owner of the well-known trademark, the well-known trademark can be known;

(4) The applicant for the disputed trademark and the owner of the well-known trademark have had internal contacts;

(5) After registration, the applicant for the disputed trademark has the purpose of seeking improper benefits, using the reputation and influence of the well-known trademark to conduct misleading publicity, coercing the owner of the well-known trademark to cooperate with it in trade, and threatening the owner of the well-known trademark. Or others demand high transfer fees, licensing fees or infringement compensation;

(6) Well-known trademarks have strong originality;

(7) Others can be identified as Malicious circumstances.

The above is what the editor provides for you? What are the factors for the recognition of well-known trademarks?, I hope you will like it!

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