How to identify well-known trademarks in China?
I. Legal basis
According to Article 2 of the Trademark Law of People's Republic of China (PRC), a well-known trademark refers to a trademark that is widely known to the relevant public and enjoys a high reputation in China. Relevant public includes consumers related to the use of a certain kind of goods or services marked by registered trademarks, other operators who produce goods or provide services, sellers and relevant personnel involved in distribution channels.
Paragraph 2 of Article 13 of the Trademark Law of People's Republic of China (PRC) stipulates that a trademark applied for registration on different or similar goods is a well-known trademark registered in China by others through copying, imitation and translation, which misleads the public and may harm the interests of the registrant of the well-known trademark, so it shall not be registered and prohibited from being used.
Paragraph 2 of Article 41 of the Trademark Law of People's Republic of China (PRC) stipulates that when the owner of a well-known trademark registered in bad faith requests the Trademark Review and Adjudication Board to decide to cancel the registered trademark that caused him losses, it is not limited by the five-year period of this paragraph.
Article 14 of the Provisions of No.5 Order of the State Administration for Industry and Commerce of the People's Republic of China on the Recognition and Protection of Well-known Trademarks stipulates: "The administrative departments for industry and commerce at all levels shall strengthen the protection of well-known trademarks, and cases suspected of counterfeiting trademarks shall be promptly transferred to relevant departments."
Second, how to identify well-known trademarks
According to the provisions of China's Trademark Law, the following factors should be considered when identifying well-known trademarks:
1, the public awareness of the trademark;
2. Duration of trademark use;
3. The duration, degree and geographical scope of any publicity work of the trademark;
4, the trademark as a well-known trademark protection record;
5. Other factors that make the trademark famous.
The Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the above factors when identifying a well-known trademark, but not on the premise that the trademark must meet all the factors specified in this Article.
Evidence to prove that the trademark is well-known:
1. Relevant materials proving the public's knowledge of the trademark;
2. Relevant materials proving the service life of the trademark, including the history and scope of the use and registration of the trademark;
3. Relevant materials to prove the duration, degree and geographical scope of any publicity work of the trademark, including the way of advertising and promotion activities, geographical scope, type of publicity media, advertising volume and other relevant materials;
4. Relevant materials that prove that the trademark is protected as a well-known trademark, including relevant materials that the trademark is protected as a well-known trademark in China or other countries and regions;
5. Other evidential materials to prove that the trademark is well-known, including the output, sales volume, sales revenue, sales area and other related materials of the main commodities that used the trademark in recent three years.
How to identify well-known trademarks;
I. Trademark Objection Procedure1-Apply to the Trademark Office for recognition of well-known trademarks. That is, if the applicant thinks that the trademark preliminarily approved and announced by the Trademark Office is the same as or similar to the applicant's prior rights, he shall file an application for recognition of a well-known trademark at the same time as filing an objection application.
B. In the case of trademark disputes-at the same time, apply to the Trademark Review and Adjudication Board for the recognition of a well-known trademark. That is, if the applicant thinks that another person's registered trademark violates the provisions of Article 13 of the Trademark Law, he shall submit relevant materials to the Trademark Review and Adjudication Board to prove that his trademark is well-known, and the Trademark Review and Adjudication Board shall recognize his trademark as a well-known trademark.
Third, the advantages of well-known trademarks.
1, against malicious cybersquatting;
2. Resist the influence of identical or similar trademarks of different commodities;
3. It is easier to identify similar trademarks;
4, in the investigation of counterfeit trademark crime cases, not limited by the amount of filing;
5. Prevent other companies from registering well-known trademarks as company names;
6. Avoid registering domain names in e-commerce.
Fourth, the significance of protecting well-known trademarks.
The protection significance of well-known trademarks mainly lies in: enjoying the expanded protection of different or similar goods. Mainly look at three aspects.
1, the originality of the trademark;
2. The well-known degree of the trademark;
3, want to enjoy the extended protection of goods and well-known trademarks designated trademark correlation degree.
Provisions on the Recognition and Protection of Well-known Trademarks
First of all, answer directly.
Recognition: Most of the well-known trademarks in China were recognized by the Trademark Office and Trademark Review and Adjudication Board of the former State Administration for Industry and Commerce. Compared with the people's court, the proportion of well-known trademarks recognized by it is larger.
Protection regulations: In case of disputes in the process of trademark registration, use and reexamination, the Trademark Office and Trademark Review and Adjudication Board of the former State Administration for Industry and Commerce may, at the request of the parties concerned, determine whether their trademarks constitute well-known trademarks according to specific facts. The recognition standard of well-known trademarks refers to the process of recognizing a trademark as a trademark with certain popularity and well-known to the public in a certain geographical range through an organ with recognition ability.
Second, analyze the details
Well-known trademarks are recognized by the Trademark Office and the Trademark Review and Adjudication Board, which is the way of administrative recognition. The Trademark Office of the State Council Administration for Industry and Commerce is in charge of the national trademark registration and management. Well-known trademarks are recognized by court decisions, that is, judicial recognition. 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 trademark involved is well-known according to law.
3. What is the concept of well-known trademark?
Well-known trademark is a kind of trademark recognized by China National Intellectual Property Administration Trademark Office or people's court according to the needs, which is widely known to the public and enjoys a high reputation in China. The protection of well-known trademarks is not limited to the same or similar goods or services. When applying for registration or using different or similar goods, registration shall not be granted and use shall be prohibited. Therefore, well-known trademarks are endowed with extensive exclusive rights. Moreover, the company name and website domain name of well-known trademark holders will be protected by laws different from ordinary trademarks. Up to now, there are 1624 trademarks in China, of which 98 are foreign brands.
Identification, application and protection of well-known trademarks?
I. Legal basis
According to Article 2 of the Trademark Law of People's Republic of China (PRC), a well-known trademark refers to a trademark that is widely known to the relevant public and enjoys a high reputation in China. Relevant public includes consumers related to the use of a certain kind of goods or services marked by registered trademarks, other operators who produce goods or provide services, sellers and relevant personnel involved in distribution channels.
Paragraph 2 of Article 13 of the Trademark Law of People's Republic of China (PRC) stipulates that a trademark applied for registration on different or similar goods is a well-known trademark registered in China by others through copying, imitation and translation, which misleads the public and may harm the interests of the registrant of the well-known trademark, so it shall not be registered and prohibited from being used.
Paragraph 2 of Article 41 of the Trademark Law of People's Republic of China (PRC) stipulates that when the owner of a well-known trademark registered in bad faith requests the Trademark Review and Adjudication Board to decide to cancel the registered trademark that caused him losses, it is not limited by the five-year period of this paragraph.
Article 14 of the Provisions of No.5 Order of the State Administration for Industry and Commerce of the People's Republic of China on the Recognition and Protection of Well-known Trademarks stipulates: "The administrative departments for industry and commerce at all levels shall strengthen the protection of well-known trademarks, and cases suspected of counterfeiting trademarks shall be promptly transferred to relevant departments."
Second, how to identify well-known trademarks
According to the provisions of China's Trademark Law, the following factors should be considered when identifying well-known trademarks:
1, the public awareness of the trademark;
2. Duration of trademark use;
3. The duration, degree and geographical scope of any publicity work of the trademark;
4, the trademark as a well-known trademark protection record;
5. Other factors that make the trademark famous.
The Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the above factors when identifying a well-known trademark, but not on the premise that the trademark must meet all the factors specified in this Article.
Evidence to prove that the trademark is well-known:
1. Relevant materials proving the public's knowledge of the trademark;
2. Relevant materials proving the service life of the trademark, including the history and scope of the use and registration of the trademark;
3. Relevant materials to prove the duration, degree and geographical scope of any publicity work of the trademark, including the way of advertising and promotion activities, geographical scope, type of publicity media, advertising volume and other relevant materials;
4. Relevant materials that prove that the trademark is protected as a well-known trademark, including relevant materials that the trademark is protected as a well-known trademark in China or other countries and regions;
5. Other evidential materials to prove that the trademark is well-known, including the output, sales volume, sales revenue, sales area and other related materials of the main commodities that used the trademark in recent three years.
How to identify well-known trademarks;
I. Trademark Objection Procedure1-Apply to the Trademark Office for recognition of well-known trademarks. That is, if the applicant thinks that the trademark preliminarily approved and announced by the Trademark Office is the same as or similar to the applicant's prior rights, he shall file an application for recognition of a well-known trademark at the same time as filing an objection application.
B. In the case of trademark disputes-at the same time, apply to the Trademark Review and Adjudication Board for the recognition of a well-known trademark. That is, if the applicant thinks that another person's registered trademark violates the provisions of Article 13 of the Trademark Law, he shall submit relevant materials to the Trademark Review and Adjudication Board to prove that his trademark is well-known, and the Trademark Review and Adjudication Board shall recognize his trademark as a well-known trademark.
Third, the advantages of well-known trademarks.
1, against malicious cybersquatting;
2. Resist the influence of identical or similar trademarks of different commodities;
3. It is easier to identify similar trademarks;
4, in the investigation of counterfeit trademark crime cases, not limited by the amount of filing;
5. Prevent other companies from registering well-known trademarks as company names;
6. Avoid registering domain names in e-commerce.
Fourth, the significance of protecting well-known trademarks.
The protection significance of well-known trademarks mainly lies in: enjoying the expanded protection of different or similar goods. Mainly look at three aspects.
1, the originality of the trademark;
2. The well-known degree of the trademark;
3, want to enjoy the extended protection of goods and well-known trademarks designated trademark correlation degree.