1, logo in trademark objection
Certification body: Trademark Office
Legal basis: Provisions on the Recognition and Protection of Well-known Trademarks
(Order No.5 of the State Administration for Industry and Commerce, April 2003 17)
Paragraph 1 of Article 4: The parties consider that the trademark preliminarily examined and announced by others violates the provisions of Article 13 of the Trademark Law.
2. Identification in trademark disputes
Authorized institution: Trademark Review and Adjudication Board
Legal basis: Provisions on the Recognition and Protection of Well-known Trademarks
(Order No.5 of the State Administration for Industry and Commerce, April 2003 17)
Paragraph 2 of Article 4: The party concerned considers that the registered trademark of another person violates the provisions of Article 13 of the Trademark Law.
3. Identification in trademark management
Certification body: Trademark Office
Legal provisions: provisions on the identification and protection of well-known trademarks
(Order No.5 of the State Administration for Industry and Commerce, April 2003 17)
judicial decision
1, determination in the trial of trademark infringement cases
Appraisal organ: the people's court that accepts the case.
Legal provisions: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes.
(Adopted by the Judicial Committee of the Supreme People's Court at its 5438+1246th meeting in June, 2002 (Fa Shi [2002] No.32).
Article 22 When trying a trademark dispute case, the people's court may, according to the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known according to law.
The identification of well-known trademarks shall be carried out in accordance with the provisions of Article 14 of the Trademark Law.
2. Identification in the trial of domain name infringement cases
Appraisal organ: the people's court that accepts the case.
Legal provisions: the Supreme People's Court's interpretation of several issues concerning the application of law in the trial of civil disputes involving computer network domain names.
(Interpretation (20065438+0) No.24 adopted by the Judicial Committee of the Supreme People's Court at its1182nd meeting on June 26th, 2006).
Article 6 When trying a domain name dispute case, the people's court may, according to the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known according to law.