"Well-known trademarks", also known as well-known trademarks, first appeared in the "Paris Convention for the Protection of Industrial Property" signed in 1883. Like other member states that have joined the "Paris Convention", trademarks are registered in accordance with the provisions of the Convention. Well-known trademarks are given special legal protection, which has become an important part of my country's trademark legal work. So, what is a well-known trademark? What are the conditions for administrative recognition? The editor of Bajie Intellectual Property Trademark Transfer Network will help you solve your doubts:
What is a well-known trademark? What are the conditions for administrative recognition?
1) It should be a provincial famous trademark recognized by the Provincial Administration for Industry and Commerce
A provincial famous trademark recognized by the Provincial Administration for Industry and Commerce has a good reputation and reputation, and has been widely recognized locally , which is conducive to the identification of well-known trademarks. Moreover, the assessment of the Provincial Industrial and Commercial Bureau has provided the first check for the recognition of well-known trademarks, saving the Trademark Office’s inspection procedures and time for the well-known trademarks applied for recognition.
(2) The trademark has high visibility and good reputation
High visibility here refers to the large sales volume and wide sales area of ??the goods using the trademark at home and abroad; advertising The publication status is good; the relevant public has a high degree of awareness of the trademark. Situations with high credibility include the economic indicators of the goods using the trademark in the past three years and their ranking in the same industry in China; the trademark was used earliest and is in continuous use, etc.
(3) An enterprise has legal claims when applying for a well-known trademark
Including others registering or using a logo that is identical or similar to the applicant’s applied for recognized trademark on non-similar goods or services, which may result in Harm the rights and interests of the applicant; others register or use words identical or similar to the trademark applied for by the applicant as part of the company name, which may cause misunderstanding by the public; the trademark applied for recognition by the applicant is maliciously registered by others overseas, which may cause harm to the applicant. Causes damage to the applicant's overseas business development; the applicant's rights and interests in the trademark applied for recognition have been damaged in other ways and are difficult to resolve.
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