It costs a certain amount to identify a well-known trademark, so how much does it cost? Let’s take a look at the well-known trademark identification fee brought by the editor below. You may need it. of.
How much does it cost for trademark recognition (for reference only)
Registration fees are charged according to category and number, and the fee for each trademark in each category is:
1,900 yuan (ten Valid for 10 years, including ten years of fees, for domestic companies or individuals, including 1,000 state fees and 900 agency fees)
3,000 yuan (valid for ten years, including ten years of fees, for foreign companies or individuals, of which National fee 1,000, agency fee 2,000)
What are the criteria for identifying well-known trademarks
(1) Relevant materials proving the relevant public’s awareness of the trademark;
(2) Relevant materials proving the duration of use of the trademark, including the history and scope of use and registration of the trademark;
(3) Proving the duration, Relevant materials on the extent and geographical scope, including the methods of advertising and promotional activities, geographical scope, types of promotional media, and the amount of advertising;
(4) Proof that the trademark is protected as a well-known trademark Recorded relevant materials, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions;
(5) Other evidence materials proving that the trademark is well-known, including the main users of the trademark The product’s output, sales volume, sales revenue, profits and taxes, sales area and other relevant materials in the past three years.
How to determine trademark infringement
Generally, four elements must be met to constitute an infringement: first, there is an illegal act; second, there is a fact of damage; third, the illegal act is related to There is a causal relationship between the facts of damage; fourth, the perpetrator must be subjectively at fault. Trademark infringement is a special kind of civil infringement. Therefore, the above four basic elements must undoubtedly be considered in determining trademark infringement. At the same time, full attention should be paid to the particularity of trademark infringement itself. How to identify trademark infringement specifically? The following is a detailed introduction:
(1) There is an illegal act
The illegality of the act means that the act committed by the actor violates the "Trademark Law", According to the "Regulations on the Implementation of the Trademark Law" and other relevant laws, an actor uses a trademark that is identical or similar to someone else's registered trademark on the same or similar goods without the permission of the trademark registrant, or hinders trademark registration. The act of a person exercising the exclusive right to use a trademark. The existence of trademark violations is a prerequisite for the formation of infringement.
(2) The fact of damage occurs
The fact of damage is a special condition in trademark infringement. As for the fact of damage, it can be material damage or non-material damage. Material damage is the reduction or elimination of the trademark registrant’s economic interests. Non-material damage refers to the damage or disparagement of the right holder's product reputation and corporate image due to infringement of the exclusive right to use a trademark. Non-material damage is intangible and cannot be calculated at the time, but it will eventually lead to the loss of property interests of the right holder. In practice, the identification of material damage must be provided by the infringed party, but it is very difficult to provide evidence for the identification of non-material damage, so there is no need for the infringed party to provide evidence. As long as there is an illegal act, it will be deemed to have non-material damage, and the infringed party can request to stop the infringement.
(3) There is a causal relationship between the illegal act and the fact of damage
Different facts of damage will lead to different causal relationships. If an illegal act that infringes upon the exclusive right to use a trademark causes the objective existence of the fact of damage, then the violation and the fact of damage form a causal relationship. For example, if a counterfeit brand of wine is of very poor quality, consumers will mistakenly think that the quality of the brand has declined after drinking it. This means that there is a causal relationship between the infringement and the damage. If the damage occurs due to other reasons, it does not constitute a constitutive element of trademark infringement.
(4) Subjective fault of the perpetrator
The new "Trademark Law" changes Article 38 (2) of the original law to "sell goods that knowingly infringe the exclusive right of a registered trademark"? The deletion of "knowingly" removes the subjective elements for determining the infringement of this behavior and confirms the application of the "no-fault liability" principle. That is to say, no matter whether the infringer is intentional or negligent, he should bear legal responsibility.
The above is the "well-known trademark recognition fee" provided by the editor. I hope you will like it!
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