Well-known trademarks receive special legal protection that is different from ordinary trademarks, which inevitably leads to very strict identification procedures. What are the conditions for identifying well-known trademarks? What are the advantages of well-known trademarks compared with ordinary trademarks? Where? What are the relevant laws regarding well-known trademarks?

1. Legal basis (enumeration)

(1) According to Article 1 of the Trademark Law of the People’s Republic of China Article 2: A well-known trademark refers to a trademark that is widely known to the relevant public and enjoys a high reputation. The relevant public includes consumers related to certain types of goods or services marked with registered trademarks, other operators who produce goods or provide services, as well as sellers and related personnel involved in distribution channels.

(2) Paragraph 2 of Article 13 of the Trademark Law of the People’s Republic of China stipulates: A trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a trademark already registered by others. If a well-known trademark misleads the public and may cause damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.

(3) Paragraph 2 of Article 41 of the Trademark Law of the People’s Republic of China stipulates that the owner of a well-known trademark that has been registered in bad faith shall request the Trademark Review and Adjudication Board to rule on the cancellation of the registered trademark that has caused him to suffer losses. , shall not be subject to the five-year time limit in this paragraph.

(4) Article 14 of Order No. 5 of the People's Republic of China and the State Administration for Industry and Commerce on the "Regulations on the Recognition and Protection of Well-Known Trademarks" states: The industrial and commercial administrative departments at all levels shall Trademark protection shall be strengthened, and cases suspected of counterfeiting trademark crimes shall be promptly transferred to relevant departments. ?

2. How to identify well-known trademarks

(1) According to the provisions of the Trademark Law, the following factors should be considered when identifying well-known trademarks:

1. Relevant The degree of public awareness of the trademark;

2. The duration of use of the trademark;

3. The duration, extent and geographical scope of any publicity work for the trademark;

p>

4. Records that the trademark is protected as a well-known trademark;

5. Other factors that make the trademark famous.

When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the above factors, but this does not assume that the trademark must meet all the factors stipulated in this article.

(2) Evidence materials proving that the trademark is well-known:

1. Relevant materials proving the relevant public’s awareness of the trademark;

2. Proving the trademark Relevant materials on the duration of use, including the history and scope of use and registration of the trademark;

3. Relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including Relevant materials such as the methods of advertising and promotional activities, geographical scope, types of promotional media, and the amount of advertising;

4. Relevant materials proving that the trademark is protected as a well-known trademark, including that the trademark has been used in Or relevant materials that are protected as well-known trademarks in other countries and regions;

5. Other evidence proving that the trademark is well-known, including the output, sales volume, and sales revenue of the main products using the trademark in the past three years , sales area and other related materials.

(3) How to identify well-known trademarks:

A. The first step in the trademark opposition procedure is to apply to the Trademark Office for recognition of well-known trademarks. That is, if the applicant believes that another person's trademark that has been preliminarily reviewed and announced by the Trademark Office is the same as or similar to the applicant's prior rights, he or she may submit an application for recognition of a well-known trademark while filing an objection application.

B. In a trademark dispute case, an application for recognition of the trademark as well-known shall be submitted to the Trademark Review and Adjudication Board at the same time. That is, if the applicant believes that someone else’s registered trademark violates the provisions of Article 13 of the Trademark Law, while requesting a ruling to cancel the registered trademark, he or she must submit relevant materials proving that his or her trademark is well-known to the Trademark Review and Adjudication Board, and the Trademark Review and Adjudication Board will determine that his or her trademark is well-known. The trademark is a well-known trademark.

3. Advantages of well-known trademarks

1. Fight against malicious registration;

2. Fight against the impact of identical or similar trademarks on different products;

3. It is easier to identify similar trademarks;

4. When investigating criminal cases of counterfeit trademarks, there is no limit on the amount of the case;

5. Prevent other The company registers its company name with a well-known trademark;

6. Avoid domain name registration problems in e-commerce.

IV. The significance of protecting well-known trademarks

The significance of protecting well-known trademarks mainly lies in enjoying expanded protection on non-identical or similar goods. It mainly depends on three aspects

1. The production quality of the trademark;

2. The degree of well-knownness of the trademark;

3. The goods that want to enjoy expanded protection The degree of association with the designated trademark of a well-known trademark. Well-known trademark