Paragraph 1 of Article 4 of the old provisions: "Where a trademark registrant requests to protect the rights and interests of his well-known trademark, he shall apply to the Trademark Office of the State Administration for Industry and Commerce for the recognition of the well-known trademark."
As for the application procedures and specific standards, the old regulations only stipulate seven types of materials that should be submitted, and only stipulate an "open and fair principle" for appraisal, and stipulate that "the opinions of relevant departments and experts should be sought during appraisal."
2. The Trademark Office takes the initiative to identify
Paragraph 2 of Article 4 of the old regulations: "The Trademark Office of the State Administration for Industry and Commerce may identify well-known trademarks according to the needs of trademark registration and management."
3. Identify trademark objection cases.
Paragraph 1 of Article 4 of the new regulations: "If a party considers that a trademark preliminarily approved and announced by others violates Article 13 of the Trademark Law, it may raise an objection to the Trademark Office in accordance with the Trademark Law and its implementing regulations, and submit relevant materials to prove that its trademark is well-known." Trademark objection means that during the announcement period after the preliminary examination and approval of a trademark, but before the registration, the parties think that their trademark violates the provisions of the Trademark Law and file an objection with the Trademark Office that the trademark will not be registered. This opinion can be raised by anyone.
The protection scope of well-known trademarks is much wider than that of general registered trademarks. Some people can consider themselves as well-known trademarks and expand their trademark protection scope. Then they can raise objections in the name of well-known trademark holders, and the Trademark Office will examine whether they meet the standards of well-known trademarks according to certain standards. The Trademark Office can identify you as a well-known trademark.
4, through the trademark dispute cases identified
Paragraph 2 of Article 4 of the new regulation: "If a party considers that a registered trademark of another person violates the provisions of Article 13 of the Trademark Law, it may apply to the Trademark Review and Adjudication Board for a ruling to cancel the registered trademark in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials to prove that its trademark is well-known."
Trademark disputes and objections are different. An objection to an unregistered trademark is an objection, and an objection to a registered trademark is a dispute. Disputes and objections are time-limited.
Trademark disputes and trademark objections apply for the recognition of well-known trademarks for the same reason.
5, identified in trademark management cases.
Article 5 of the new regulation: "In trademark management, if a party considers that a trademark used by another person belongs to the circumstances specified in Article 13 of the Trademark Law and requests to protect its well-known trademark, he may submit a written request to the administrative department for industry and commerce at or above the city where the case occurred, and submit relevant materials to prove that his trademark is well-known. At the same time, send a copy to the local provincial administrative department for industry and commerce. "
Trademark management is mainly embodied in the administrative management of trademark infringement. There are many forms of trademark infringement, some of which are blatant, that is, the direct use of brand-name trademarks constitutes infringement and other problems, and some of which are edge-cutting, imitating brand-name trademarks and deliberately confusing consumers. Whether this kind of behavior constitutes infringement needs specific analysis. If it is a well-known trademark, then its protection scope is much wider. If it does not constitute infringement of ordinary trademarks, it may constitute infringement of well-known trademarks, so whether it is a well-known trademark is very important. Now with this way, you can claim to be a well-known trademark during the investigation.
6. Judicial decisions
A: 50% of Jinhua's well-known trademarks in China were recognized through judicial channels.
The homepage of the website of Hengdian Group Lianyi Electric Appliance Co., Ltd. has displayed the logo of "China Well-known Trademark" ... This "China Well-known Trademark" was obtained through judicial channels.
At present, some well-known enterprises in Jinhua have changed their previous practice of identifying "China well-known trademarks" only through the State Administration for Industry and Commerce and the Trademark Recognition Board, and turned to judicial channels. In addition to LINIX trademark of Lianyi Electric, Mona in Yiwu, Buyang in Yongkang and many other trademarks have been recognized as "well-known trademarks in China" by courts qualified to hear intellectual property cases. About 50% of the "China Famous Trademarks" in Jinhua were obtained through judicial channels. In addition, many enterprises have specially set up intellectual property protection offices and are going to apply to the court for the recognition of "China Famous Trademark".
B: Ningbo has also identified three well-known trademarks in China.
In just over a month, three brands connected with Fenghua, Ou Lin and Tang Shi in Ningbo were recognized as well-known trademarks in China by the judicial authorities, and the number of well-known trademarks in China in Ningbo suddenly increased from 1 1 to1. In fact, it is not only the increase in the number of well-known trademarks in China that caused a sensation in Yongcheng industry, but also more and more well-known enterprises in Ningbo began to aim at the judicial identification of well-known trademarks in China!
The judicial determination of well-known trademarks has the following advantages compared with the examination and determination of well-known trademarks by the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board:
First, the review period is short. The judicial recognition period of well-known trademarks is 4-6 months. It takes three years for the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board to review and confirm, and the risk is quite high. If it fails, it will seriously affect the development of enterprise brand strategy.
Second, the procedure is simple. For the judicial determination of well-known trademarks, enterprises only need to provide application materials (with a list of well-known trademark application materials), and other matters will be planned and assisted by the company.