Sometimes we hear well-known trademarks. What does this mean? Let’s take a look at the following article brought to you by the editor: What is a well-known trademark? There may be something you need.

What is a well-known trademark?

A well-known trademark refers to a trademark that has been recognized as a "well-known trademark" by the competent authority in accordance with legal procedures. The interpretation of well-known trademarks under Chinese law (judicial interpretation) Content: A well-known trademark is a trademark that is widely known to the relevant public in China and enjoys a high reputation. The "relevant public" refers to consumers related to a certain type of goods or services identified by the trademark and the marketing of the aforementioned goods or services. Other operators with close relationships as well as sellers and related personnel involved in distribution channels.

What materials are needed to apply for a well-known trademark?

According to the "Regulations on the Recognition and Protection of Well-known Trademarks" issued by the Industrial and Commercial Administration Bureau, a well-known trademark refers to one that is widely known to the relevant public in China and A trademark with a high reputation.

Evidence materials that can be used to prove that a trademark is well-known include:

(1) Relevant materials proving the relevant public’s awareness of the trademark;

(2) Proof Materials related to the duration of use of the trademark, including the history and scope of use and registration of the trademark;

(3) Proof of the duration, extent and geographical scope of any publicity work for the trademark Materials, including the methods of advertising and promotion activities, geographical scope, types of publicity media, and the amount of advertising;

(4) Relevant materials proving that the trademark is protected as a well-known trademark, including Relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions;

(5) Other evidence proving that the trademark is well-known, including the production volume of the main products using the trademark in the past three years , sales volume, sales revenue, profits and taxes, sales area and other relevant materials.

What is the rejection of trademark review?

For a rejected trademark, the applicant can initiate the rejection review procedure within the statutory time limit. The following conditions must be met for filing a rejection review procedure:

1. The applicant for review of a rejected trademark must be the original applicant for a trademark rejected by the Trademark Office. Others are not eligible to apply.

2. To reject a trademark review application, it must be submitted within the legal time limit.

3. The content of the rejected trademark review application must be the exact content of the rejected trademark registration application, and the reason for the review must be based on the reasons for the rejection by the Trademark Office.

Otherwise, the review application will be deemed invalid.

4. To apply for rejection of trademark review, the original "Notice of Trademark Rejection" and two copies of the "Application for Rejection of Trademark Review" must be sent to the Trademark Review and Adjudication Board.

5. Pay the trademark review fee.

If the above requirements are met, the Trademark Review and Adjudication Board will accept the application. If the procedures are not complete, the application documents will be returned and reissued within a time limit.

The Trademark Review and Adjudication Board will make the final decision based on the majority opinion of the members after analysis and study, collective discussion. If the majority of members believe that the reasons for the re-examination application are valid, the final decision will be to deny the Trademark Office's rejection opinion, grant preliminary approval, and publish the "Preliminary Approval of Trademark Announcement"; if the reasons for the re-examination application are not valid, the final decision will be to uphold the Trademark Office's rejection opinion and not approve the application. Preliminary review and then rejection.

Once the final decision of the Trademark Review and Adjudication Board is made, it will have legal effect and both the applicant and the Trademark Office must implement it.

Do China’s well-known trademarks need protection?

Well-known trademarks are a topic that attracts more and more attention and appear frequently in media everywhere. As a trademark with high visibility and reputation, a well-known trademark has a role far beyond distinguishing the source of goods and the provision of services. It has become a sharp tool in market competition.

As a member state of the World Intellectual Property Organization’s Paris Convention for the Protection of Industrial Property, in order to fulfill its obligations under the Convention, China has begun exploratory practices in identifying well-known trademarks in accordance with the requirements of the Convention and international practice since 1987.

In August 1987, the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) recognized the "PIZZAHUT" trademark and roof graphic trademark of Pizza Hut International Co., Ltd. in the United States as well-known trademarks in a trademark opposition case. The same trademark registered by Australian Hongtu Company on the same goods will not be registered. This is the first well-known trademark recognized by China after joining the Paris Convention.

Since then, the China Trademark Office and the Trademark Review and Adjudication Board have made well-known trademark determinations in many trademark dispute cases. From 1988 to 1991, the Trademark Office and the Trademark Review and Adjudication Board respectively recognized the "Lux" and "Lux" trademarks of the British company Unilive Company, the "Marlboro" trademark of the American Philip Morris Company, and the "?" trademark of Beijing Tongrentang Co., Ltd. of China. The Tongrentang trademark and the "Butterfly" trademark of Shanghai Xiechang Sewing Machine Factory are well-known trademarks.

In the identification of the above-mentioned well-known trademarks, China adheres to the internationally accepted principle of "case-by-case identification and passive protection". The recognition of well-known trademarks begins with the need to protect foreign trademarks.

The above is what the editor has provided for you. I hope you will like it!

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