Famous trademarks are identified as follows: 1. Valid trademarks owned by natural persons, legal persons and other organizations within the administrative region, and there is no ownership dispute; 2. Actual use for more than three years in accordance with the law; 3. Among the relevant public It has a high reputation in China; 4. The goods or services using the trademark are of safe quality, have good market reputation, and have no penalty records for violating trademark laws, regulations and rules in the past two years; 5. The goods or services using the trademark The main economic indicators within two years are leading in the same industry; 6. The trademark management rules and regulations are sound.
1. How to identify famous trademarks
1. Famous trademarks are identified as follows:
(1) Those owned by natural persons, legal persons and other organizations within the administrative region A valid trademark with no ownership dispute;
(2) Actual use for more than three years in accordance with the law;
(3) Having a high reputation among the relevant public;
(4) The goods or services using the trademark are of safe quality, have good market reputation, and have no penalty records for violating trademark laws, regulations and rules in the past two years;
(5) Using the trademark The main economic indicators of the trademarked goods or services within two years are leading in the same industry;
(6) The trademark management rules and regulations are sound.
2. Legal basis: Article 14 of the "Trademark Law of the People's Republic of China"
Well-known trademarks shall, at the request of the parties, be identified as necessary to handle trademark cases. Ascertain the facts. The following factors should be considered in determining a well-known trademark:
(1) The degree of awareness of the trademark by the relevant public;
(2) The duration of use of the trademark;
(3) The duration, extent and geographical scope of any publicity work for the trademark;
(4) The record of the trademark being protected as a well-known trademark;
(5) The Other factors that make a trademark famous.
During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may, based on the needs of reviewing and handling the case, make a well-known trademark The situation is determined.
During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.
During the trial of trademark civil or administrative cases, if a party claims rights in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case. .
Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.
2. Trademark registration process
The trademark registration process is as follows:
1. Design the trademark pattern to be registered;
2. Go to the official website to inquire;
3. Provide materials to relevant departments and wait for review;
4. If the review is passed, there will be a public notice period, usually 3 months, without any Only after the problem is solved can it be regarded as its own trademark.