What are the conditions for the recognition of well-known trademarks?
Well-known trademarks not only meet the essential requirements of general registration, but also at least include the following four conditions:
1. A trademark whose product quality must enjoy a good reputation is the unity of the product and the trademark logo, and the trademark is only a mark of the product. The law does not stipulate that the goods marked by trademarks must meet certain quality standards, but only stipulates the specifications for registration when using or applying for registration. However, the goods displayed by well-known trademarks must be of good quality, meet the statutory requirements and specifications, and remain stable for a long time and enjoy credibility. The quality and reputation of goods are the fundamental premise of well-known trademarks. And this kind of credibility is called? Provincial Excellence? 、? What about you? 、? You Guo? It has nothing to do with the scale and level of the manufacturer and the gold, silver and international awards won. This word of mouth refers to social word of mouth, which is a comprehensive reflection of consumers' natural formation after long-term use. From this, we can also think that the well-known trademark itself is the symbol of high-quality goods, and high-quality goods are the core of well-known trademarks.
2. Trademarks well known to the public. This condition shows that well-known trademarks are well-known or well-known trademarks of consumers and operators, or are they enjoyed? A prestigious trademark? When people see a well-known trademark, they will naturally think of the high-quality goods and trade names (manufacturers' names) displayed in the trademark. In modern society, there are thousands of different commodities in Qian Qian. There are many manufacturers who manufacture and distribute the same kind of goods, all of which are dressed up with modern packaging and decoration and made in various ways. It is impossible for consumers to distinguish the quality of various commodities by intuition such as eyes, hands and feet, and they mainly rely on brand awareness to buy commodities, which gives them a sense of security and trust. Thus, if a trademark wants to become a well-known trademark known to the public, it must have a long history of production and marketing, a considerable sales volume and turnover, and its trademark itself, as an intangible property, must also have great commercial value. A commodity trademark that has been used for a short time or has a small market sales volume cannot become a well-known trademark. Or a new product, which only relies on the unique trademark design art of the manufacturer and huge advertising expenses, is well known to the public in a short time, but ignores the inherent quality of the goods displayed by the trademark, and can only belong to? Fake trademarks? . Of course, this is well known? Volkswagen? Not everyone knows and is a household name. Because many goods are only used by specific people and distributed by specific vendors. Therefore, it is well known to the public and should be understood as being known by a large number of specific consumer groups and a large number of specific dealer groups.
3. Every country has its own standards to limit the trademarks that enjoy reputation in a considerable geographical scope. For example, sponsored by Landau Corporation of the United States, the world's top 10 famous trademark was selected on the basis of 1990 social inquiry, namely? Coca cola? 、? Sony? 、? Mercedes? 、? Kodak? 、? Disney? 、? Nestle? 、? Toyota? 、? McDonald's? 、? IBM？ 、? Pepsi? These trademarks enjoy high reputation in the United States, Japan, Germany, Switzerland and other western European regions. Although the country is interested in well-known trademarks? A considerable geographical area? There is no exact standard, but one thing is consistent, that is, as a well-known trademark, it must enjoy a reputation abroad, at least in one or two countries.
4. A registered trademark with general trademark nature that has been selected by consumers and recognized by a specific authority may be applied by the trademark user and approved by the Trademark Office. However, well-known trademarks must be selected by consumers, confirmed by a specific authority and announced to the public. Well-known trademarks of China 1992 recognized for the first time are declared by trademark users, published in newspapers and periodicals, voted by consumers, and selected by relevant units organized by the State Trademark Office. Finally, well-known trademarks are recognized and announced by the State Trademark Office, based on the results of consumer voting.
What materials should be submitted to apply for the recognition of well-known trademarks?
A well-known trademark refers to a registered trademark that enjoys a high reputation in the market and is well known to the relevant public. A well-known trademark is recognized by the Trademark Office. When applying for a well-known trademark, the following documents shall be submitted: (1) the sales volume and sales area of the goods using the trademark in China; (two) the main economic indicators of the goods using the trademark in the past three years and their ranking in the same industry in China; (3) the advertising information of the trademark; (four) the sales volume and sales area of the goods using the trademark abroad; (five) the earliest use of the trademark and the time of its continuous use; (six) the registration of the trademark in China and foreign countries. (7) Other documents proving that the trademark is well-known.
Protection measures of well-known trademarks
On April 17, 2003, the State Administration for Industry and Commerce issued the Provisions on the Recognition and Protection of Well-known Trademarks, which stipulated the following protection measures for well-known trademarks:
1. If a party considers that a trademark preliminarily approved and announced by others violates the provisions of Article 13 of the Trademark Law, it may raise an objection to the Trademark Office in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials to prove that its trademark is well-known. If a party considers that another person's registered trademark violates the provisions of Article 13 of the Trademark Law, it may apply to the Trademark Review and Adjudication Board for a ruling to revoke the registered trademark in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials to prove that its trademark is well-known.
2. In trademark management, if a party considers that the trademark used by another person belongs to the circumstances specified in Article 13 of the Trademark Law and requests to protect its well-known trademark, it may submit a written request to the administrative department for industry and commerce at or above the city where the case occurred and submit relevant materials to prove that its trademark is well-known. At the same time, send a copy to the local provincial administrative department for industry and commerce.
3. When a party requests to protect its trademark according to Article 13 of the Trademark Law, it may provide a record that the trademark has been protected as a well-known trademark by the relevant competent authorities in China. If the scope of protection of the accepted case is basically the same as that of the case that has been protected as a well-known trademark, and the other party has no objection to the well-known trademark, or although there is objection, it cannot provide evidence that the trademark is not well-known, the administrative department for industry and commerce accepting the case may make a ruling or handle it according to the conclusion of the protection record. If the scope of protection of the accepted case is different from that of the case that has been protected as a well-known trademark, or if the other party has objections to the well-known trademark and provides evidence to prove that the trademark is not well-known, the Trademark Office or the Trademark Review and Adjudication Board shall re-examine the well-known trademark materials and make a determination.
4. If the parties think that others may deceive the public or cause misunderstanding to the public by registering their well-known trademarks as enterprise names, they may apply to the enterprise name registration authority for cancellation of the enterprise name registration, which shall handle it in accordance with the Provisions on the Administration of Enterprise Name Registration.
That's what Bian Xiao has to offer you? What are the requirements for the identification of well-known trademarks? I hope you like it!
Did you get a look at him? What are the requirements for the identification of well-known trademarks? People also see:
1. Recognition conditions of well-known trademarks
2. Conditions for well-known trademarks
3. What are the conditions for applying for a well-known trademark?
4. Materials required for applying for well-known trademarks
5. How to identify well-known trademarks?
6. What are the principles for identifying well-known trademarks?
7. How to identify well-known trademarks in China?
8. What certification materials are needed to identify well-known trademarks?
9. Identification methods of well-known trademarks
10. Identification of well-known trademarks
well-known trademark