Current location - Trademark Inquiry Complete Network - Trademark registration - When an enterprise's products are labeled as China's well-known trademarks, which administrative department shall identify them? How to determine?
When an enterprise's products are labeled as China's well-known trademarks, which administrative department shall identify them? How to determine?

According to my country's "Regulations on the Recognition and Protection of Well-known Trademarks", there are two ways to apply for recognition of well-known trademarks in my country: administrative recognition and judicial recognition. Determination shall be submitted to different agencies according to the following different situations:

1. Determination shall be made by the Trademark Office of the State Administration for Industry and Commerce: According to Article 4, Paragraph 1 of the "Regulations on the Recognition and Protection of Well-known Trademarks": "The parties believe that If another person's trademark that has been preliminarily reviewed and announced violates Article 13 of the Trademark Law, he or she may file an objection with the Trademark Office in accordance with the provisions of the Trademark Law and its Implementing Regulations, and submit relevant materials proving that the trademark is well-known. Article 5 of the Protection Regulations stipulates: “In the course of trademark management, if the party believes that the trademark used by others falls under the circumstances stipulated in Article 13 of the Trademark Law, and requests the protection of its well-known trademark, it may file a request with the city (prefecture, state) where the case occurs. ) or above, the industrial and commercial administrative department shall submit a written request for prohibition of use and submit relevant materials proving that the trademark is well-known. At the same time, a copy shall be submitted to the provincial industrial and commercial administrative department where the trademark is located. That is, if the trademark objection case is used to apply for the recognition of a well-known trademark, or If you apply for a well-known trademark during the trademark management process, it should 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 determined that: Paragraph 2 of Article 4 of the "Regulations on the Recognition and Protection of Well-known Trademarks" stipulates: "The party believes that a trademark that has been registered by others violates the provisions of Article 13 of the Trademark Law According to the provisions of the Trademark Law and its Implementing Regulations, you can apply to the Trademark Review and Adjudication Board for a ruling to cancel the registered trademark, and submit relevant materials proving that the trademark is well-known.” In other words, if you apply for a well-known trademark through a trademark dispute case, you should apply to the Trademark Review and Adjudication Board for a ruling to cancel the registered trademark. Apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce.

3. Apply to the court: In addition to applying through trademark opposition and trademark dispute, other applications can be made to the court to recognize well-known trademarks, and generally only courts above the intermediate level can recognize well-known trademarks.