For many companies, becoming a "well-known trademark" is their dream. In fact, the power of "well-known trademarks" far exceeds our imagination. Do you really understand what a well-known trademark is?

As we all know, the protection of a "well-known trademark" is not limited to identical or similar products or services. Even if you apply for registration or use of different or dissimilar goods or services, registration or use will not be allowed and prohibited. used, so well-known trademarks are endowed with broad exclusivity.

What are the standards for the recognition of well-known trademarks in China?

According to Article 14 of the Trademark Law, the conditions for the recognition of well-known trademarks are as follows:

Relevant public Awareness of the trademark

According to the provisions of 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 indicated by the use of the trademark. 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."

Duration of use of the trademark

The main way for the trademark owner to utilize and exercise the exclusive right to use the trademark is to use its trademark. 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. 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.

The duration, extent and geographical scope of any promotional efforts for the trademark

By understanding the duration, extent and geographical scope of any promotional efforts for a trademark, one can more clearly determine Know the 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.

Record that the trademark is protected as a well-known trademark

If a trademark has been protected as a well-known trademark abroad, the owner of the trademark can also provide evidence that the trademark is a well-known trademark various supporting documents. 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

How should a well-known trademark be recognized?

To apply for recognition of a well-known trademark, the following materials should be provided:

1. Relevant materials proving the relevant public’s awareness of the trademark ;

2. Materials proving the duration of use of the trademark, including the history and scope of use and registration of the trademark;

3. Any publicity work proving the trademark Relevant materials on the duration, extent and geographical scope of the trademark, including the methods of advertising and promotional activities, geographical scope, types of promotional media and the amount of advertising;

4. Prove that the trademark is well-known Materials related to trademark protection records, including materials indicating that the trademark has been protected as a well-known trademark in China or other countries and regions;

5. Other evidence proving that the trademark is well-known, including use of the trademark The output, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main commodities in the past three years.

How to identify well-known trademarks:

1. Apply to the Trademark Office of the State Administration for Industry and Commerce for recognition. If the party concerned believes that someone else's trademark that has been preliminarily reviewed and announced violates the provisions of Article 13 of the Trademark Law, he may file an objection with the Trademark Office within 3 months from the date of the preliminary review announcement, and at the same time submit relevant materials proving that his trademark is a well-known trademark. If you request that your own trademark be recognized as a well-known trademark, the trademark that has been preliminarily approved by others will not be approved.

2. Apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for recognition. If a party believes that someone else's registered trademark violates Article 13 of the Trademark Law, he or she may file an objection with the Trademark Review and Adjudication Board in accordance with the provisions of the Trademark Law and its Implementing Regulations, and at the same time submit relevant materials on the well-known nature of his or her trademark, requesting that his or her trademark be recognized as a trademark. Well-known trademarks and cancellation of trademarks registered by others.

3. Submit an application to the industrial and commercial department at or above the city (prefecture, state) level. If a party believes that the trademark used by others falls within the provisions of Article 13 of the Trademark Law and requests to protect its well-known trademark, it may submit a written request to the industrial and commercial department at or above the city (prefecture, state) level where the case occurred to prohibit others from using it, and submit Relevant materials regarding the well-known trademark of one's own shall be submitted to the Trademark Office step by step after review by the industrial and commercial department, and the Trademark Office shall identify the relevant materials.

4. Apply to the People’s Court for recognition. In trademark infringement cases, parties may directly file a lawsuit with the People's Court to request that their trademarks be recognized as well-known trademarks.

Specifications for the use of well-known trademarks

Article 51 of the "Trademark Law of the People's Republic of China" stipulates: The exclusive right to register a trademark shall be based on the approval of the registered trademark and the approval of the trademark. Limited to the items used. The so-called "exclusive right" refers to the right to use a trademark, which refers to the trademark owner's right to use its registered trademark on goods or services approved by the Trademark Office, except for goods that have not been approved.

In other words, enterprises can only use "China's well-known trademarks" within the prescribed scope. Other unidentified products cannot use "China's well-known trademarks", even just the words.

Well-known trademarks can be protected across categories. However, not all well-known trademarks’ protection can be extended to all categories of trademarks or services. According to the regulations of the State Administration for Industry and Commerce and the judicial interpretation of the Supreme Court, in view of the differences in the degree of fame of different well-known trademarks, the scope of cross-class protection for well-known registered trademarks on different or similar goods is not uniform and fixed. Changed.

The "Trademark Law" clearly stipulates the promotion of well-known trademarks. The words "well-known trademark" can no longer appear on product packaging.

The purpose of the implementation of the "Trademark Law" is to prevent some brands from using "well-known trademarks" to mislead consumers. Paragraph 5 of Article 14 of the new "Trademark Law" stipulates that producers and operators cannot use "well-known trademarks" to mislead consumers. The words "well-known trademark" are used on goods, product packaging or containers, or in advertising, exhibitions and commercial activities. Except for those that have entered the circulation field before.