What are the standard codes for the identification of well-known trademarks? How to identify well-known trademarks? Xiaobian brought it to you? Well-known trademark recognition standard? Related knowledge, which may be what you need.

what are the recognition standards for well-known trademarks?

The following factors should be considered in the identification of well-known trademarks:

1. Trademark use. The elements of trademark use should pay attention to the duration of trademark use, which is generally proportional to popularity, and it is generally required to be used continuously for more than 5 years in judicial practice. Of course, considering the characteristics of the current high-speed dissemination of social information, it can be appropriately relaxed to three years for high-tech enterprises or enterprises with rapid development. For the use form of a trademark, the registrant may use it himself or authorize others to use it.

2. Trademark publicity. The elements of trademark publicity need to examine the duration of trademark advertising, the level of publicity media, the investment of publicity funds, publicity methods and so on. At the propaganda level, it is generally required that advertisements should be published in national or provincial print or stereoscopic media. When examining the evidence, the parties are required to submit not only the advertising contract, but also the photos, newspapers and radio clips actually broadcast by the advertisement. For the scope of publicity, it should cover most provinces and all cities in the province. When reviewing the evidence, it is required to submit sales contracts and invoices. For publicity funds, enterprises are required to provide special audit reports made by audit departments. In the identification of trademark propaganda, special attention should be paid to examining the correspondence between advertising propaganda and trademark application. If the advertising object is inconsistent with the trademark application, other parts should be removed.

3. Brand awareness. First, pay attention to review the output, sales revenue, profits and taxes paid and market share of this enterprise for three consecutive years. For the existence of national industry rankings, the above indicators may be required to rank higher in the same industry in the country. Generally, all kinds of data released by national trade associations or other public media organizations that reflect the public's awareness should be provided. In the review of evidence, it is required to be objective and specific, and simple proof is not adopted, but it is required to provide evidence such as the annual report of the industry in the past three years and the total ranking of the top ten industries in China. The second is to consider the reputation of commodity use trademarks in China. Examining whether commodities have been inspected, certified and issued certificates by national authoritative organizations, or whether they are the makers of industry standards in a certain industry; Review other awards and honorary titles obtained by commodities at or above the provincial level. The investigation report of intermediary institutions should be treated objectively, focusing on the nature, investigation methods and investigation objects of intermediary institutions. The investigation report can be used as a reference, but it is no longer the main basis for identification.

methods for the determination of well-known trademarks

(1) administrative determination: it is mainly determined by the trademark office and the trademark review and adjudication board in relevant trademark cases, trademark objections or trademark reviews.

1. The Trademark Office of the State Administration for Industry and Commerce shall determine

According to the first paragraph of Article 4 of the Provisions on the Recognition and Protection of Well-known Trademarks: If a party considers that a trademark preliminarily examined and announced by others violates the provisions of Article 13 of the Trademark Law, it may lodge an objection to the Trademark Office 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. ? Article 5 of the Provisions on the Recognition and Protection of Well-known Trademarks stipulates: 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, it 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 its trademark is well-known. At the same time, send a copy to the local provincial administrative department for industry and commerce. ?

if you apply for recognition of a well-known trademark through a trademark objection case, or apply for recognition of a well-known trademark in the process of trademark management, it shall be recognized by the Trademark Office of the State Administration for Industry and Commerce.

2. The Trademark Review and Adjudication Board of the State Administration for Industry and Commerce will confirm

Paragraph 2 of Article 4 of the Provisions on the Recognition and Protection of Well-known Trademarks stipulates: If a party considers that a registered trademark of another person violates the provisions of Article 13 of the Trademark Law, it may request the Trademark Review and Adjudication Board to make a ruling to revoke 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. ? If you apply for a well-known trademark through a trademark dispute case, you should apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce.

(2) judicial determination: it is mainly determined by the court in the specific litigation process.

well-known trademarks recognized by the court have a relatively wide scope, such as? A well-known trademark? Domain names used as enterprise names, registered well-known trademarks, and ordinary trademark infringement cases can all be brought to court and requested to be recognized as well-known trademarks by the court. Generally speaking, only the courts above the intermediate level can determine it.

What are the requirements for the recognition of well-known trademarks

The Paris Convention not only does not clearly define well-known trademarks, but also does not specify the factors or standards for the recognition of well-known trademarks. Article 16 bis of TRIPS Agreement stipulates: To confirm whether a trademark is a well-known trademark, we should take into account the public's awareness of it. Article 14 of China's Trademark Law and Article 3 of the Provisions on the Recognition and Protection of Well-known Trademarks stipulate the conditions for the recognition of well-known trademarks:

1. The degree to which the relevant public knows about the trademark;

2. the duration of the use of the trademark, including the use, registration, history and scope of the trademark;

3. The duration, degree and geographical scope of any publicity work of the trademark, including advertising and promotion activities, geographical scope, types of publicity media and advertising volume, etc.

4. Records of the trademark being protected as a well-known trademark, including the fact that the trademark was protected as a well-known trademark in China or other countries and regions;

5. Other factors that make the trademark famous include the output, sales volume, sales revenue, profits and taxes, sales area, etc. of the main commodities using the trademark in recent three years.

Is it important to identify well-known trademarks for enterprises?

Obtaining the identification of well-known trademarks is significant for enterprises in the following four aspects:

(1) Huge economic benefits.

Well-known trademarks are the combination of brand awareness and reputation, and are recognized by authoritative departments according to legal procedures. In the minds of consumers, this is genuine, not self-proclaimed? Famous brand? The comprehensive benefits will enable enterprises to gain greater leading edge in the fierce market competition.

(2) The intangible assets of the enterprise have greatly increased in value. Well-known trademarks are the highest honor in the field of Chinese trademarks. Obtaining the recognition of well-known trademarks can further enhance the brand image of enterprises and greatly increase the intangible assets of enterprises.

(3) Well-known trademarks can be protected by expanded laws:

1. The scope of protection is expanded. That is to say, it not only protects the right to exclusive use of the trademark within the scope of the approved registration of the trademark, but also prohibits others from using the trademark without authorization in other related fields. This can effectively prevent others? Hitchhiking? To prevent the brand of the enterprise from being diluted, and at the same time lay a solid foundation for the enterprise to adopt diversified development and widely use core brands in many production and service fields when the time is ripe;

2. The protection is strengthened. It will be more protected against malicious cybersquatting of trademarks, against the influence of different and dissimilar goods and service trademarks, and in the identification of similar trademarks;

3. The protection field has increased. Not only in the field of trademarks, but also in other fields such as enterprise names and Internet domain names, well-known trademarks in China can still get more protection. This will highlight the distinctiveness of the trademark and greatly increase the intangible assets of the trademark.

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