What should I do to apply for trademark protection? How to apply for protection of well-known trademarks? Let's take a look at what the following small series brings to you? Application for trademark protection? There may be something you need.
How to apply for protection of a well-known trademark
(1) Relevant materials to prove the public's awareness of the trademark;
(2) relevant materials proving the duration of the use of the trademark, including the history and scope of the use and registration of the trademark;
(3) relevant materials proving the duration, degree and geographical scope of any publicity work of the trademark, including the way of advertising and promotion activities, geographical scope, types of publicity media, advertising volume and other relevant materials;
(4) relevant materials proving that the trademark is protected as a well-known trademark, including relevant materials that the trademark was protected as a well-known trademark in China or other countries and regions;
(5) other evidential materials to prove that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main commodities using the trademark in recent three years.
Conditions for protecting well-known trademarks
According to the Trademark Law of China and its implementing regulations and the Provisions on the Recognition and Protection of Well-known Trademarks, the preconditions for the protection of well-known trademarks in China are as follows:
(1) The trademark applied for registration of the same or similar goods is a well-known trademark copied, imitated or translated by others, which may easily lead to confusion.
(2) The trademark applied for registration of different or similar goods is a well-known trademark that has been registered in China by others, which misleads the public and may damage the interests of the registrant of the well-known trademark.
How to protect well-known trademarks
Paragraph 2 of Article 13 of the Trademark Law stipulates the protection of well-known trademarks that have been registered in China, that is, if a trademark that is not the same or similar is a well-known trademark that has been registered in China by others by copying, imitating or translating it, misleading the public, so that the interests of the registrant of the well-known trademark may be damaged, it will not be registered and its use will be prohibited.
according to paragraph 2 of article 13 of the trademark law, if a trademark is recognized as a well-known trademark according to article 14 of the trademark law, and the well-known trademark has been registered in China, if the trademark applied for registration of different or similar goods constitutes a copy, imitation or translation of the well-known trademark, and such copy, imitation or translation has misled the public and is enough to cause damage to the interests of the registrant of the well-known trademark, then the state industry and commerce. What are the restrictions here? Misleading the public, so that the interests of the well-known trademark registrant may be harmed? . Without this prerequisite, the application for registration of the trademark cannot be rejected, nor can its use be prohibited.
the difference between article 13, paragraph 2, and article 13, paragraph 1, of the Trademark Law is that if a well-known trademark is not registered, its ultimate protection must be limited to? Same? Or? Similar? On the goods, and for? Different? Or? Not similar? If the well-known trademark is used on the goods, the right cannot be claimed; If the well-known trademark has been registered, then its final protection can be extended to? Different? Or? Not similar? On the goods. For example, no? Tong Ren Tang? Trademark owners will be well-known trademarks on drugs? Tong Ren Tang? Used in? Health food? 、? Drinks? When applying for registration on the goods, its application will be rejected; Unauthorized use shall be stopped by the administrative department for industry and commerce.
How to apply for the protection of well-known trademarks
If a party thinks that a trademark that has been preliminarily approved and announced by others belongs to the specified circumstances, it may lodge an objection to the Trademark Office according to law and submit relevant materials to prove that its trademark is well-known; If a party considers that another person's registered trademark belongs to the specified circumstances, it may request the Trademark Review and Adjudication Board to make a ruling to revoke the registered trademark according to law, and submit relevant materials to prove that its trademark is well-known; In the work of trademark management, if the parties think that the trademark used by others belongs to the specified circumstances, they may submit a written request to the administrative department for industry and commerce at or above the city (prefecture) where the case occurred, and submit relevant materials to prove that the trademark is well-known. At the same time, send a copy to the local provincial administrative department for industry and commerce.
China implements a dual-track system that can be recognized by both the administrative department and the people's court, provided that the parties make an application or request, and the application or request must be based on the damage of relevant rights and interests. The protection of well-known trademarks is also different from ordinary trademarks, which are limited to the same or similar goods. Well-known trademarks are protected across categories. As long as they are recognized as well-known trademarks, other enterprises are not allowed to use the well-known trademarks in any of their goods.
Ways to apply for renewal of a registered trademark
There are two ways to apply for renewal of a registered trademark:
(1) Entrusting a trademark agency for filing with the Trademark Office.
(2) The applicant shall go directly to the trademark registration hall of the Trademark Office to handle it.
steps for applying for renewal of a registered trademark
(1) Preparation of application documents
The application documents to be submitted are:
(1) Application for trademark renewal registration
(2) Applicant's identification document (photocopy)
(3) Submission of Power of Attorney by entrusted agent, which is directly handled in the acceptance hall.
2. An application for renewal of registration shall be submitted for each trademark.
3. If you come to the trademark registration hall directly, you should submit a copy of the ID card of the agent; Where a trademark agency is entrusted, a power of attorney for trademark agency shall be submitted.
4. if the trademark applied for renewal is * * *, an application shall be filed in the name of the representative.
(II) Submission of application documents
1. If the applicant goes to the trademark registration hall directly, the application documents will be submitted in the acceptance window of the trademark registration hall after they are ready, and the staff at the window will confirm whether the application documents are qualified.
2. If a trademark agency is entrusted to handle the matter, the trademark agency shall serve the application to the Trademark Office.
(3) Payment of renewal fee
An application for renewal registration needs to pay a fee of 2, yuan. If the application for renewal of registration is submitted within the grace period of six months after the expiration of the time limit, 5 yuan's delay fee will also be paid.
if it is entrusted to a trademark agency, the applicant shall pay the renewal fee and agency fee to the trademark agency, and the renewal fee charged by the trademark office shall be deducted from the advance payment of the trademark agency.
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