What is the way to apply for a well-known trademark?
(a) in the application for trademark objection
Trademark objection refers to a trademark that has passed the preliminary examination of the Trademark Office. Before obtaining the registered trademark certificate, the Trademark Office will make an announcement first, and anyone can raise reasonable objections during the announcement period. If in the process of raising an objection, the trademark may constitute an infringement of its own trademark, and at the same time apply to identify itself as a well-known trademark. This method is relatively direct and has few intermediate links. You can apply directly to the Trademark Office, with faster approval speed and lower application fee. But the prerequisite must be to have and apply it? A well-known trademark? Trademarks with identical or similar trademarks are within the announcement period.
Applicant: State Trademark Office.
Prerequisites: Must have and apply for? A well-known trademark? Trademarks that are the same as or similar to the trademarks during the announcement period generally require that the announced trademarks be different from the well-known trademarks to be applied for.
(2) Application for trademark disputes
Trademark disputes refer to registered trademarks. Because of some legal reasons, others think that their trademarks have been infringed, and propose to the Trademark Office to cancel the registered trademarks. In the process of revocation, you can also apply to identify your own trademark as a well-known trademark. The difference between this method and the former method is to apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce. The prerequisite is that there is a registered trademark that is the same as or similar to the trademark applied for recognition as a well-known trademark, which has been registered in other categories and is within the five-year dispute period.
Applicant: Trademark Review and Adjudication Board of the State Administration for Industry and Commerce.
Prerequisite: there must be a registered trademark that is the same as or similar to the trademark applied for recognition as a well-known trademark, and this is rarely the case during the five-year dispute period.
(3) Application in trademark management
If a trademark is counterfeit, it reflects that the trademark sells well. ? Based on this, the local industrial and commercial bureau found that there were many acts of infringement of the trademark right in the process of counterfeiting, and it can identify the trademark as a well-known trademark according to the application of the parties.
Applicant: provincial and municipal local industrial and commercial bureaus and the State Trademark Office.
This method is the most troublesome. Generally, it is necessary to apply to the regional industrial and commercial bureau first, then to the provincial industrial and commercial bureau, and then to the State Trademark Office. Finally, whether it is a well-known trademark is determined by the State Trademark Office. If the county-level industrial and commercial bureau investigates and deals with counterfeiting, there are many organs involved, and the industrial and commercial bureaus at all levels must pass them one by one, and the intermediate link takes a long time, at least more than one year.
(4) Determination in litigation cases.
The court's judgment that well-known trademarks are simple, low-cost and easy to operate has increasingly become the most commonly used way for courts to identify well-known trademarks.
Applicant: Court.
In these two cases, the court can generally hold that: 1, the name of a well-known trademark is registered as a domain name by others, and 2, the well-known trademark is infringed by others. This usage generally requires the use of different types of trademarks. If it is a similar commodity, it is easy to be identified as trademark infringement, but it cannot be applied for as a well-known trademark according to this case.
Materials required for applying for well-known trademarks
1. Relevant materials proving the public's knowledge of the trademark;
2. Relevant materials proving the service life of the trademark, including the history and scope of the use and registration of the trademark;
3. Relevant materials to prove the duration, degree and geographical scope of any publicity work of the trademark, including the way of advertising and promotion activities, geographical scope, type of publicity media, advertising volume and other relevant materials;
4. Relevant materials that prove that the trademark is protected as a well-known trademark, including relevant materials that the trademark is protected as a well-known trademark in China or other countries and regions;
5. Other evidential materials to prove that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, sales area and other related materials of the main commodities that used the trademark in recent three years.
Recognition conditions of well-known trademarks
The following factors shall be considered when identifying well-known trademarks:
(1) The public's awareness of the trademark;
(2) the term of use of the trademark;
(3) the duration, degree and geographical scope of any publicity work of the trademark;
(4) The record that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous. Here? Relevant public? , refers to consumers related to a certain kind of goods or services identified by trademarks and other operators closely related to the marketing of the aforementioned goods or services.
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