Detailed introduction:
"Well-known trademarks" come from the Paris Convention for the Protection of Industrial Property, which stipulates that member countries should promise to give more protection to well-known trademarks than ordinary trademarks. In this sense, "well-known trademark" is a legal concept and an unconventional title, while "well-known" in Chinese is originally used as a verb, that is, the meaning of spreading and making famous, not as a noun. In life, the word corresponding to "well-known trademark" is "famous brand", but the two are just similar but not the same. First, well-known trademarks refer to trademarks that are well known to the public in a considerable area of China, and there are no local well-known trademarks, and "famous trademarks" are divided into "national famous trademarks" or "provincial famous trademarks" and "local famous trademarks"; Second, well-known trademarks refer to trademarks, while famous brands sometimes refer to enterprise names instead of trademarks; Third, the identification of famous brands in China has no rules to follow so far, and it is just the life language of the public. However, well-known trademarks can only be recognized by the Trademark Office of the State Administration for Industry and Commerce, and cannot be called "well-known trademarks" without its recognition; Fourth, and most importantly, there is no legislation to protect "well-known trademarks", but there are corresponding laws and regulations for well-known trademarks.
A well-known trademark refers to a trademark that is widely known to the relevant public and enjoys a high reputation in China. Relevant public includes consumers related to the use of a certain commodity or service marked by a trademark, other operators and sellers who produce the above-mentioned commodities or provide services, and relevant personnel involved in distribution channels.
Factors to be considered in identifying well-known trademarks
(a) the public's awareness of the trademark;
(2) the term of use of the trademark;
(3) the duration, degree and geographical scope of any publicity work of the trademark;
(4) The record that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous.
Can be used as evidence to prove that the trademark is well-known
(1) Relevant materials proving the public's knowledge of the trademark;
(2) Relevant materials proving the service life of the trademark, including the history and scope of the use and registration of the trademark;
(3) Relevant materials to prove the duration, degree and geographical scope of any publicity work of the trademark, including the methods, geographical scope, types of publicity media, advertising amount and other relevant materials of advertising and promotion activities;
(4) Relevant materials proving that the trademark is protected as a well-known trademark, including relevant materials that the trademark is 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 the last three years.
According to the provisions of the Trademark Law and the Implementation Regulations, if a dispute arises in the process of trademark registration and trademark review and adjudication, the parties concerned may request the Trademark Office or the Trademark Review and Adjudication Board to identify the well-known trademark accordingly, reject the application for trademark registration in violation of Article 13 of the Trademark Law or cancel the trademark registration in violation of Article 13 of the Trademark Law. When applying, the parties concerned shall submit evidence that their trademarks constitute well-known trademarks.
The Trademark Office and the Trademark Review and Adjudication Board shall, at the request of the parties concerned, determine whether their trademarks constitute well-known trademarks in accordance with the provisions of Article 14 of the Trademark Law on the basis of ascertaining the facts.