What are the principles for identifying a well-known trademark? How to identify a well-known trademark? Let’s take a look at the following editor brings you the principles for identifying a well-known trademark?, which may be what you need. of.
What are the principles for the recognition of well-known trademarks? Passive recognition, case-by-case recognition? It is the recognition principle and protection model of well-known trademarks determined by the Paris Convention and the TRIPS Agreement, and it is an internationally accepted standard recognized by the World Trade Organization. Convention. In 2003, my country promulgated the "Regulations on the Recognition and Protection of Well-known Trademarks" and established the recognition principle of "passive recognition and case-by-case recognition". The essence of the well-known trademark recognition principle of "passive recognition, case-by-case recognition" is to insist on the market-oriented operation of well-known trademark recognition during the recognition and protection of well-known trademarks. If the party concerned submits evidence of a well-known trademark, the trademark administrative law enforcement agency or judicial authority shall protect the well-known trademark based on the evidentiary facts and legal provisions of the trademark.
Who is the subject of recognition of well-known trademarks?
Article 5 of the "Regulations on the Recognition and Protection of Well-known Trademarks" promulgated by the State Administration for Industry and Commerce of the People's Republic of my country stipulates that the agency for the recognition of well-known trademarks is the state Administration for Industry and Commerce. The Trademark Law stipulates that the Trademark Office and the Trademark Review and Adjudication Board may determine whether a trademark constitutes a well-known trademark upon the request of the party concerned and on the basis of ascertaining the facts. However, this recognition overemphasizes the initiative of the trademark authorities and ignores the initiative of well-known trademark owners to protect their trademarks. The internationally accepted practice is for the court to identify well-known trademarks in individual cases. In recent years, my country has gradually reached a consensus on the people's courts' right to identify well-known trademarks in individual cases. The identification entities are identified as the trademark administrative authorities and the people's courts. No other organization may identify or adopt other disguised methods to identify well-known trademarks.
What affects the recognition of well-known trademarks?
The Paris Convention not only does not clearly define well-known trademarks, but also does not stipulate the factors or standards for the recognition of well-known trademarks. Article 16bis of the TRIPS Agreement stipulates: To determine whether a trademark is a well-known trademark, the extent to which the relevant public is aware of it should be taken into account. Article 14 of my country's Trademark Law and Article 3 of the "Regulations on the Recognition and Protection of Well-known Trademarks" stipulate that the following five factors should be considered in determining a well-known trademark:
1. The relevant public's knowledge of the trademark Extent;
2. The duration of use of the trademark, including trademark use, registration, history and scope;
3. The duration, extent and scope of any publicity work for the trademark Geographical scope, including advertising and promotion methods, geographical scope, types of promotional media, and advertising volume, etc.;
4. Records of the trademark being protected as a well-known trademark, including that the trademark has been used in China or The situation of being protected as a well-known trademark in other countries and regions;
5. Other factors that make the trademark famous, including the output, sales volume, sales revenue, profits and taxes, and sales of the main products using the trademark in the past three years area etc.
How to identify well-known trademarks
China’s well-known trademarks (famoustrademarkofChina) refer to the trademarks that have been recognized as such by the competent authorities (Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the People’s Court) in accordance with legal procedures. ?Well-known trademark?
The identification methods of well-known trademarks include the following:
In my country, the identification of well-known trademarks has gone through active identification, centralized management, to passive protection, and case-by-case identification. ? transformation.
Before the promulgation of the new Trademark Law, in order to prevent possible disputes, the Trademark Office of the State Administration for Industry and Commerce of the People’s Republic of my country would select some of the existing trademarks from a large number of existing trademarks according to specific standards to be recognized as well-known trademarks every year. This active identification method can provide trademark owners with advance legal protection. When rights are infringed, rights holders can immediately use legal weapons to safeguard their legitimate rights and interests. However, while such an approach highlights the initiative of administrative agencies, it also hinders the fairness of recognition to a certain extent, making it easy for some manufacturers and companies to rely on the recognition of well-known trademarks to promote products and improve market competitiveness. Improve the market reputation of enterprises and products by truly improving product quality and doing market promotions.
In addition, the active recognition of well-known trademarks also has the problem of time gradient and spatial gradient, that is, a trademark recognized as well-known is not necessarily well-known when the infringement dispute occurs or is not recognized as well-known in the place where the infringement occurs. Passive protection, case-by-case identification? This new identification principle is that after a trademark confirmation or trademark infringement case occurs, the party concerned shall submit evidence that the trademark is well-known, and the trademark administrative law enforcement agency or judicial authority shall use the well-known evidence provided by the party and the law It stipulates that trademarks involved in disputes should be identified to protect them as well-known trademarks. This protection is only valid for this case and cannot be directed against third parties or market competitors. When the next case involving trademark well-known occurs, the record that has been determined to be well-known will only be provided to the relevant authorities as a reference, not as a permanent pass. Trademark administrative law enforcement agencies or judicial agencies can only make reasonable judgments and determinations based on the trademark's popularity at the time and the specific circumstances of the case. This method of identification does not exclude active identification by administrative agencies, but emphasizes passive identification, highlighting individual case handling, and emphasizing judgment based on the trademark's local popularity at the time and the specific circumstances of the case.
The new recognition method protects well-known trademarks in compliance with the laws of market economy and resolves the inconsistency between the legal and factual status of well-known trademarks in time and space according to the specific circumstances of the case. It solves the problem of well-known trademarks and is consistent with the international protection of well-known trademarks.
The above is the "Principles for Recognition of Well-known Trademarks" provided by the editor. I hope you will like it!
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