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How does the Trademark Office determine a well-known trademark?

Legal analysis: According to the requirements of the "Regulations", a well-known trademark should meet the following three conditions: first, it has a high reputation in the market, that is, the goods have good quality; second, it is relevant It is well-known to the public, that is, it has a high reputation; third, it must be a registered trademark. However, judging from the recently revised Article 13 of the Trademark Law, well-known trademarks are not necessarily registered trademarks.

Legal basis: "Trademark Law of the People's Republic of China"

Article 14 The Trademark Office shall mainly consider the following factors when 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 of any publicity work for the trademark, Extent and geographical scope;

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

(5) Other factors that make the 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 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.