What is the significance of identifying well-known trademarks?
The economic and social significance of identifying well-known trademarks
Trademark is the product of commodity economy, and its purpose is to identify the source of products or services. Being recognized as a well-known trademark means that the service, product quality and reputation of the enterprise have been widely recognized by consumers. At the same time, being recognized as a well-known trademark itself will further enhance the awareness of enterprises, increase the visibility of enterprises and expand the brand effect of enterprises.
From the perspective of enterprise management, operating an enterprise is operating a brand. Every time an enterprise produces a high-quality product, provides a high-quality service and makes an advertisement, it is to enhance brand awareness and win market competition. Well-known trademarks are only the concentrated expression of a company's popularity and reputation.
From the perspective of enterprise capital operation, the improvement of enterprise brand awareness means that the intangible assets of enterprises are increasing. Judging from a trademark of Hongtashan, it is worth hundreds of millions. It can be seen that the importance of well-known brands, and the recognition of well-known trademarks also means that enterprises have made huge profits.
Not only that, after the enterprise trademark is recognized as a well-known trademark, it can also get special protection that ordinary goods can't enjoy. The exclusive right and prohibition right of the trademark can be extended to other non-similar goods or services, which can effectively avoid the influence of other people's well-known trademarks and help protect and enhance its own brand.
What are the conditions for the recognition of well-known trademarks?
Well-known trademarks should meet two conditions: first, they are widely known to the relevant public in China; Second, Heng has a high reputation.
According to the Trademark Law, the factors that should be considered in identifying well-known trademarks are: 1, the awareness of the relevant public about trademarks; 2. Duration of trademark use; 3. The duration, degree and geographical scope of any publicity work of the trademark; 4, the trademark as a well-known trademark protection record; 5. Other factors that make the trademark famous. The Provisions on the Recognition and Protection of Well-known Trademarks stipulates that the Trademark Office and the Trademark Review and Adjudication Board should comprehensively consider the above factors when recognizing well-known trademarks, but it is not based on the premise that trademarks must meet all the above factors.
What evidential materials are conducive to identifying well-known?
(1) contracts, invoices, bills of lading, bank receipts, import and export certificates, etc. Goods/services used by the trademark;
(2) Relevant information such as sales area, distribution of sales outlets, sales channels and methods of the goods/services used by the trademark;
(3) Media advertisements, media comments and other promotional materials involving the trademark in radio, movies, television, newspapers, periodicals, internet, outdoor and other media;
(4) Information about exhibitions and expositions attended by the goods/services used in the trademark;
(5) The earliest time of use of the trademark and relevant information about its continuous use;
(six) the registration certificate of the trademark in China, foreign countries and relevant regions;
(seven) the relevant documents that the trademark management organ or judicial organ recognizes the trademark as a well-known trademark and gives it protection, as well as the infringement or counterfeiting of the trademark;
(8) An evaluation report on the value of trademark intangible assets issued by a qualified evaluation agency;
(9) Statistics on sales, profits and taxes, output value and its ranking, advertising amount, etc. Goods/services used in the trademark published or released by authoritative organizations and trade associations with credibility;
(10) Award-winning status of the trademark;
(1 1) Other materials that can prove the popularity of the trademark.
In principle, the above evidence is limited to the evidence before the application date of the disputed trademark.
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