According to current laws, regulations, rules and the relevant judicial interpretations of the Supreme People's Court, the legal ways for enterprises to obtain the recognition of "well-known trademarks" include directly applying to the Trademark Office of the State Administration for Industry and Commerce for recognition of well-known trademarks. The following four types: first, apply to the Trademark Office for recognition of a well-known trademark during the trademark dispute procedure; second, apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for recognition of a well-known trademark during the trademark dispute procedure; third, during the administrative processing of trademark infringement Among them, apply to the industrial and commercial administrative authorities for recognition of well-known trademarks; fourth, apply to the People's Court for recognition of well-known trademarks in accordance with the law during trademark infringement civil proceedings. The entire process of well-known trademark recognition is divided into the following five stages: the first stage: early contact and preliminary judgment; the second stage: signing the entrustment agreement; the third stage: the preparation of application materials; the fourth stage: the formal application stage; The fifth stage: publicity reporting, publicizing enterprises that have obtained well-known trademarks in the "China Well-known Trademarks" magazine and "China Well-known Trademarks Network", and entering them into the Chinese Well-known Trademarks Database. During actual operation, it is recommended that you seek professional advice.
Legal basis:
Article 14 of the "Trademark Law of the People's Republic of China" shall, at the request of the parties, be regarded as a fact that needs to be determined in handling trademark cases. identified. The following factors should be considered when 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) ) Records that the trademark is protected as a well-known trademark; (5) Other factors that make the trademark famous. During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may determine the well-known status of the trademark based on the needs of reviewing and handling the case. During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case. During the trial of trademark civil or administrative cases, if a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case. Producers and operators are not allowed to use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.