What is a well-known trademark?

A well-known trademark refers to a trademark that has been recognized as a "well-known trademark" by the competent authority in accordance with legal procedures. The interpretation of well-known trademarks under Chinese law (judicial interpretation) Content: A well-known trademark is a trademark that is widely known to the relevant public in China and enjoys a high reputation. The "relevant public" refers to consumers related to a certain type of goods or services identified by the trademark and the marketing of the aforementioned goods or services. Other operators with close relationships as well as sellers and related personnel involved in distribution channels. 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 by 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) Radio, film, television, newspapers, etc. involving the trademark Media advertisements, media reviews and other promotional materials in periodicals, online, outdoor and other media;

(4) Relevant information on exhibitions and expos participated in by the goods/services used in the trademark;

< p>(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 indicating 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) Issued by a qualified evaluation agency The intangible asset value evaluation report of the trademark;

(9) Statistics of sales, profits and taxes, and output value of the goods/services used by the trademark published or issued by credible authoritative institutions and industry associations Its ranking, advertising amount 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. Procedures for recognition of well-known trademarks

If an enterprise needs to apply for recognition of a well-known trademark, it must submit relevant materials through the industrial and commercial administration bureau of the province, autonomous region, or municipality directly under the Central Government (hereinafter referred to as the provincial industrial and commercial bureau). Provincial industrial and commercial bureaus should conduct a preliminary review of the relevant materials for enterprises to apply for recognition of well-known trademarks and sign their opinions. All provincial industrial and commercial bureaus should promptly report the relevant application materials that have passed their preliminary review and signed opinions to the State Administration for Industry and Commerce by mail.

When an enterprise applies for the recognition of a well-known trademark, it should submit an application report for the recognition of a well-known trademark, and in the report it must provide evidence that its trademark rights and interests have been damaged. At the same time, the "Application Form for Well-known Trademark Recognition" should be filled out truthfully and the corresponding supporting materials should be provided. These supporting materials mainly include:

1. A copy of the business license of the applicant for well-known trademark recognition;

2. If the applicant for well-known trademark recognition entrusts a trademark agency to act as an agent, a copy of the business license should be provided A letter of authorization signed by the applicant, or an authorization agreement (contract) signed between the applicant and the trademark agency;

3. The main economic indicators of the main goods or services using the trademark in the past three years (added information should be provided) Copies of annual financial statements or other statements stamped with the applicant’s special financial seal and the special seal of the local finance and taxation department. Industry certification materials should be issued by national-level industry associations or national-level industry administrative departments);

4. The sales or operation status and regions of the main goods or services using the trademark at home and abroad (relevant main sales invoices or copies of sales contracts should be provided);

5. The use of the trademark in the country Registration status outside the country (the registration status of the trademark in all goods or service categories and in the country or region where it is located should be listed, and a copy of the corresponding trademark registration certificate should be provided);

6. The trademark has been registered in recent years Recent advertising releases (relevant main advertising contracts and copies of advertising pictures should be provided);

7. The earliest use and continuous use time of the trademark (the earliest date of use of the goods or services using the trademark should be provided) Sales invoice or contract or the earliest advertisement of the trademark or a copy of the trademark registration certificate);

8. Other supporting documents regarding the famousness of the trademark (such as a copy of the provincial famous trademark, etc.).

When an enterprise applies for recognition of a well-known trademark, it can prepare its own application materials, or it can entrust a trademark agency approved by the State Administration for Industry and Commerce to act as its agent.

Provincial industrial and commercial bureaus will not accept application materials for well-known trademark recognition submitted by institutions or individuals who do not have trademark agency qualifications. Trademark agencies that accept the entrustment of enterprises to handle matters related to the application for recognition of well-known trademarks shall not charge any other fees from the client except charging appropriate agency fees. What materials are needed to apply for a well-known trademark?

According to the "Regulations on the Recognition and Protection of Well-known Trademarks" issued by the Industrial and Commercial Administration Bureau, a well-known trademark refers to a trademark that is widely known to the relevant public in China and enjoys a high reputation.

Evidence materials that can be used to prove that a trademark is well-known include:

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

(2) Proof Materials related to the duration of use of the trademark, including the history and scope of use and registration of the trademark;

(3) Proof of the duration, extent and geographical scope of any publicity work for the trademark Materials, including the methods of advertising and promotion activities, geographical scope, types of publicity media, and the amount of advertising;

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

(5) Other evidence proving that the trademark is well-known, including the production volume of the main products using the trademark in the past three years , sales volume, sales revenue, profits and taxes, sales area and other relevant materials. Recommended reading: How to identify maliciously registered well-known trademarks

If you copy, imitate or translate someone else’s well-known trademark and apply for registration, 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 Cancel the disputed trademark, but if it 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;< /p>

(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 and the owner of the well-known trademark have had other disputes, they can know the well-known trademark;

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

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(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 recognized as Malicious circumstances.

The above is the 2016 China Well-known Trademark Application provided by the editor. I hope you will like it!