Legal Subjectivity:
As a provincial famous trademark, the trademark must be used for more than 3 years. The 3 years means that the trademark is calculated from the date of authorization by the National Trademark Office.
The conditions to apply for recognition of provincial famous trademarks are as follows:
1. The trademark is a domestic registered trademark, and the trademark registrant’s domicile is within the province;
2. The market coverage and share of the goods using the trademark are among the top in the same industry in the province;
3. The sales, profits and taxes or export foreign exchange earnings of the goods using the trademark in the past three years and other major economic indicators The indicators are leading in the same industry in the province;
4. The trademark has a high degree of awareness among the relevant public, and they can pay attention to the advertising of the trademark;
5 . The logo of exported goods should be registered in the main exporting country. The sales volume of the goods using the trademark is large or the sales area is wide;
6. The quality of the goods using the trademark reaches international standards or advanced domestic and foreign standards. , there are clear methods of repair, replacement, and return, and the consumer complaint rate is low;
7. There has been no infringement of the exclusive rights of others to register trademarks, and a strong awareness of trademark self-protection and strict trademark use Management system;
8. No other violations of trademark laws, regulations and rules have occurred.
To put it simply, you need to register a trademark for more than 3 years, meet certain economic indicators, and have relatively high requirements for product quality and reputation. It has a good reputation within the province. Legal objectivity:
"Trademark Law of the People's Republic of China"
Article 14
Well-known trademarks shall be treated as relevant trademarks at the request of the parties concerned. The facts that need to be determined in trademark cases should be determined. 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 record of the trademark being protected as a well-known trademark;
(5) The Other factors that make a trademark famous.
In the process of trademark registration review and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, the parties concerned shall comply with this Law
"Trademark Law of the People's Republic of China"
< p>Article 13Trademark Law of the People’s Republic of China
Article 13
Trademark Law of the People’s Republic of China
Article 13 of the Trademark Law
It is stipulated that if rights are claimed, the Trademark Office may determine the well-known status of the trademark based on the needs of reviewing and handling the case.
In the process of handling trademark disputes, if a party claims rights in accordance with the provisions 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 the provisions 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 shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.