What conditions need to be met for the recognition of well-known trademarks

Legal analysis:

The conditions for the recognition of well-known trademarks can be summarized into two "heights": high visibility and high Reputation.

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) Records of the trademark being protected as a well-known trademark;

(5) Other factors that make the trademark famous.

Legal basis:

According to Article 2 of the "Regulations on the Recognition and Protection of Well-known Trademarks": A well-known trademark is a trademark that is well known to the relevant public in China.

The relevant public includes consumers related to the certain type of goods or services marked by the trademark, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in the distribution channels.

According to Article 9 of the "Regulations on the Recognition and Protection of Well-known Trademarks": The following materials can be used as evidence to prove compliance with the provisions of Article 14, Paragraph 1 of the Trademark Law:

(1 ) Materials proving the relevant public’s awareness of the trademark.

(2) Materials proving the duration of use of the trademark, such as the history and scope of use and registration of the trademark. If the trademark is an unregistered trademark, materials proving that the trademark has been used for no less than five years should be provided. If the trademark is a registered trademark, materials proving that it has been registered for no less than three years or has been continuously used for no less than five years should be provided.

(3) Materials proving the duration, extent and geographical scope of any publicity work for the trademark, such as the methods, geographical scope, types of publicity media and advertising placement in the past three years Quantity of materials.

(4) Materials proving that the trademark has been protected as a well-known trademark in China or other countries and regions.

(5) Other evidence materials proving that the trademark is well-known, such as the sales revenue, market share, net profit, tax amount, sales area and other materials of the main products using the trademark in the past three years.

The "three years" and "five years" mentioned in the preceding paragraph refer to the three years and five years before the date of the trademark registration application against which the objection was raised and the date of the trademark registration application against which the request for invalidation was made. As well as three and five years before the date of filing a request for well-known trademark protection in trademark violation cases.

According to Article 13 of the "Regulations on the Identification and Protection of Well-known Trademarks": When identifying well-known trademarks, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider Paragraph 1 of Article 14 of the Trademark Law and Paragraph 1 of these Regulations. Various factors listed in Article 9, but it is not necessary to satisfy all factors.

If the Trademark Office and the Trademark Review and Adjudication Board need local industrial and commercial administrative departments to verify relevant circumstances when identifying well-known trademarks, the relevant local industrial and commercial administrative departments shall provide assistance.

According to Article 14 of the Trademark Law of the People's Republic of China: Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. 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.