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What conditions need to be met to apply for famous trademarks and well-known trademarks?

Factors to consider when applying for a famous trademark:

The agency that recognizes famous trademarks is the provincial industrial and commercial administration department. Famous trademarks are measured and defined from the following aspects:

(1) The trademark must have been registered and actually used for more than four years (including four years);

(2) The trademark has a high reputation and is deeply loved by consumers (users);

(3) Products using the trademark have large sales volume, wide sales area and high market share;

(4) The goods or services using the trademark are of good quality, with low consumer (user) complaint rate and good after-sales service;

(5) The goods or services using the trademark have been used for the past three years The main economic indicators (annual sales volume, sales or operating income, net profit, tax) are among the best in the same industry in the province;

(6) The trademark has a wide advertising coverage and covers a large area;

(7) The owner of the trademark has a strong trademark awareness, has a complete trademark management organization and management system, and attaches great importance to the use, management and protection of trademarks;

(8) In the past three years, the trademark owner has not infringed upon the exclusive rights of others to register trademarks when actually using the trademark;

(9) If the goods approved for use by the trademark are export goods, the trademark should be registered in the relevant country (region) registration and has a wider sales area.

The following factors should be considered when determining a well-known trademark:

1. The relevant public's awareness of the trademark

According to Article 2, paragraph 2, of the "Provisions on the Recognition and Protection of Well-known Trademarks", the relevant public includes consumers related to a certain type of goods or services marked by the use of the trademark. operators, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in distribution channels. For example, the goods or services using a certain trademark belong to the field of computer information technology, and the degree of awareness of the trademark by many people associated with the field of computer information technology is the "degree of awareness of the trademark by the relevant public." The fact that many people not related to the field of computer information technology know or do not know the trademark does not affect the trademark being recognized as a well-known trademark. In other words, well-known does not mean that it is recognized by everyone or has a high reputation among all members of the public, but it means that it is well-known among relevant consumers, that is, it does not need to be "widely known".

2. Duration of use of the trademark

The main way for trademark rights holders to utilize and exercise their exclusive rights is to use their trademarks. Regardless of whether a trademark is registered or not, only by using it can its value be reflected in transactions and the intangible property rights of the trademark be transformed into material wealth. For unregistered trademarks, only continuous use can reflect the existence of the trademark, and it is possible to generate distinctiveness through use, thereby creating visibility among the relevant public. Otherwise, the public will have no way of understanding the trademark, let alone becoming well-known. For registered trademark rights holders, using the trademark is their obligation. Therefore, it is also very necessary to consider the duration of trademark use as a factor in determining a well-known trademark. According to the provisions of Article 3, Item 2 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials proving the duration of use of the trademark include relevant materials regarding the history and scope of use and registration of the trademark.

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

In today's increasingly fierce market competition, both product manufacturers and service operators regard publicity and promotion of their products as an important task. The most important thing is that publicity efforts are constantly increasing. Especially with the development of communication technology and information network technology, the publicity effect of various publicity media such as television, radio, Internet, newspapers and periodicals is becoming more and more obvious. Many people have a certain brand awareness. Knowledge of (trademark) comes from various advertising campaigns by manufacturers or operators. Therefore, by understanding the duration, extent and geographical scope of any publicity work for a trademark, we can know more clearly the degree of public awareness of the trademark in a certain area.

In accordance with the provisions of Article 3, Item 3 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including the methods, geographical scope, and publicity of advertising and promotional activities Types of media, amount of advertising, and other relevant materials.

4. Record of the trademark being protected as a well-known trademark

If a trademark has been protected as a well-known trademark in my country, then the owner of the trademark can provide relevant supporting documents, which is important for determining whether the trademark is well-known. Trademarks have very important reference value. If a trademark has been protected as a well-known trademark abroad, the owner of the trademark can also provide various supporting documents that identify the trademark as a well-known trademark. These documents also play an important reference role in identifying well-known trademarks in my country. According to the provisions of Article 3, Item 4 of the "Provisions on the Recognition and Protection of Well-known Trademarks", relevant materials proving that the trademark is protected as a well-known trademark, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions .

5. Other factors that make the trademark famous

This item is a blanket clause to meet the ever-evolving actual needs for the protection of well-known trademarks. According to the provisions of Article 3, Item 5 of the "Provisions on the Recognition and Protection of Well-known Trademarks", other evidence materials proving that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, and sales area of ??the main goods using the trademark in the past three years and other related materials.

According to the provisions of Article 14 of the Trademark Law, combined with our experience in assisting outstanding companies in applying for and identifying China’s well-known trademarks (intellectual property agency), we believe that companies that basically meet the following minimum requirements , you can try to apply for recognition as a well-known Chinese trademark. Of course, this is not a national standard, and the data requirements for each industry will be different, so this document is for enterprise reference only.

1. Except for special circumstances, the registered capital of the trademark owner's enterprise should be no less than 10 million yuan, and the actual assets should be more than 50 million yuan.

2. The registration and use time of the trademark should be more than 5 years. It is difficult to identify if the use time is shorter.

3. In principle, the trademark should be a famous trademark of the province, city or district.

4. The current value of the trademark should be more than 10 million yuan as assessed by relevant agencies.

5. The annual output value of the trademark owner's products using the trademark in the past three years is more than 100 million yuan, the annual sales revenue should in principle be more than 50 million yuan, and the market share is the highest in the same industry nationwide. Ranked in the top 20.

6. The annual tax paid by the trademark owner in the past three years should be more than 10 million yuan.

7. The product market is not limited to the local area. The products are sold to at least half of the provinces and municipalities across the country, and it is best to have a nationwide sales network. It would be better if the products are sold abroad. In other words, the sales area of ??goods using this trademark should cover major regions across the country.

8. The trademark should carry out multi-channel, all-round and uninterrupted advertising. The advertising expenses of provincial and central media in the past three years should be no less than 10 million yuan per year. Publicity includes advertising, soft articles, event naming, outdoor, etc.

9. It is best if the enterprise is a governing unit of national industry associations and chambers of commerce.

10. Enterprises are the best setters and participants of industry standards.

11. The company’s flagship product has won the title of Chinese Brand Product as the best.

12. The company’s flagship product has won the title of national inspection-free product as the best.

13. It does not matter whether the trademark has been registered.

14. The small size of the company is not important, the key is the industry ranking. Because in some industries all companies are small.

15. Even if the company is very large, it may not meet the requirements, because maybe all companies in this industry are large companies