What are the requirements for the recognition of well-known trademarks? What is the way to identify well-known trademarks? Let's take a look at what the following small series brings to you? What are the conditions for applying for a well-known trademark? There may be something you need.

recognition conditions of well-known trademarks

The following factors should be considered in the recognition of well-known trademarks:

(1) the awareness of the relevant public about the trademark;

(2) the duration of use of the trademark;

(3) the duration, degree and geographical scope of any publicity work of the trademark;

(4) the record that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous. Here? Relevant public? , refers to consumers related to a certain kind of goods or services identified by trademarks and other operators closely related to the marketing of the aforementioned goods or services.

What are the ways to identify well-known trademarks?

According to the existing laws and judicial interpretations, there are four ways to request the identification of well-known trademarks:

Way 1: In the trademark objection procedure, if the parties think that the trademark preliminarily approved and announced by others violates the provisions of Article 13 of the Trademark Law, they can apply for the identification of well-known trademarks and submit relevant materials to prove that they are well-known trademarks.

way 2: in a trademark dispute case, if the parties think that another person's registered trademark violates the provisions of Article 13 of the Trademark Court, they shall apply to the Trademark Review and Adjudication Board for the recognition of a well-known trademark and submit relevant certification materials.

how to protect well-known trademarks

regarding the special protection of well-known trademarks, the Interim Provisions on the Recognition and Administration of Well-known Trademarks has made strict operational provisions, mainly in Articles 8, 9 and 1.

if, as stipulated in article 8, a trademark identical with or similar to another person's well-known trademark is applied for registration on a large number of similar goods, and the rights and interests of the registrant of the well-known trademark may be harmed, the Trademark Office of the State Administration for Industry and Commerce shall reject its application for registration; If a well-known trademark has been registered, the registrant may request the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to cancel it within five years from the date of registration, but there is no time limit for malicious registration.

article 9 stipulates that if a trademark identical with or similar to another person's well-known trademark is used on a non-similar commodity, and it will imply that the commodity has some connection with the well-known trademark registrant, which may damage the rights and interests of the well-known trademark registrant, the well-known trademark registrant may request the administrative department for industry and commerce to stop it within two years from the date when he knows or should know

. Article 1 stipulates that, from the date when a well-known trademark is recognized, if another person uses words identical or similar to the well-known trademark as part of the enterprise name, which may mislead the public, the administrative department for industry and commerce shall not approve the registration; If it has been registered, the registrant of a well-known trademark may request the administrative department for industry and commerce to cancel it within two years from the date when it knows or should know. In addition, Article 12 specifically stipulates that calling a trademark a well-known trademark without being recognized by the State Administration for Industry and Commerce is an act of deceiving the public and will be punished according to the circumstances.

In addition, the Trademark Office of the State Administration for Industry and Commerce recently made it clear that no one except the owner of a well-known trademark may register the same name as a well-known trademark, even if the enterprise name was registered before the well-known trademark was recognized, it is also an infringement, and the owner of a well-known trademark has the right to request the administrative department for industry and commerce to cancel it.

The above provisions show that the scope and intensity of protection of well-known trademarks in China are outstanding even by international standards, which reflects China's determination to protect intellectual property rights at home and abroad in the process of joining the WTO. However, due to the current specific historical period, the management authorities seem to pay more attention to and emphasize the protection of foreign intellectual property rights, because the repeated counterfeiting of well-known foreign trademarks in China has evolved into a very sensitive international issue.

in fact, the protection of foreign well-known trademarks in accordance with the above provisions may be much higher than that of domestic ordinary trademarks, and even much higher than that of domestic well-known trademarks, which shows the tendency of management's mentality. The unusually strict management regulations are only the concrete embodiment of the complex mentality brewed in this era, and new problems have arisen from another angle. The most obvious one is that such strong protection objectively provides a considerable degree of institutional convenience for the protection effect of some well-known foreign enterprises' non-well-known trademarks abusing well-known trademarks, which is called a free-rider phenomenon for the protection effect of well-known trademarks.

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