In China, what is the process for applying for recognition of a well-known trademark? Let’s take a look at the following article brought to you by the editor: The Application Process for Well-known Trademarks in China?, which may contain what you need.

Procedures for recognition of well-known trademarks

If an enterprise needs to apply for recognition of a well-known trademark, it must submit relevant documents through the industrial and commercial administration bureau of the province, autonomous region, or municipality directly under the Central Government where it is located (hereinafter referred to as the provincial industrial and commercial bureau). Material. Provincial industrial and commercial bureaus should conduct a preliminary review of the relevant materials for enterprises to apply for recognition of well-known trademarks and sign their opinions. All provincial industrial and commercial bureaus should promptly report the relevant application materials that have passed their preliminary review and signed opinions to the State Administration for Industry and Commerce by mail.

When an enterprise applies for the recognition of a well-known trademark, it should submit an application report for the recognition of a well-known trademark, and in the report it must provide evidence that its trademark rights and interests have been damaged. At the same time, the "Application Form for Well-known Trademark Recognition" should be filled out truthfully and the corresponding supporting materials should be provided. These supporting materials mainly include:

1. A copy of the business license of the applicant for well-known trademark recognition;

2. If the applicant for well-known trademark recognition entrusts a trademark agency to act as an agent, a copy of the business license should be provided A letter of authorization signed by the applicant, or an authorization agreement (contract) signed between the applicant and the trademark agency;

3. The main economic indicators of the main goods or services using the trademark in the past three years (added information should be provided) Copies of annual financial statements or other statements stamped with the applicant’s special financial seal and the special seal of the local finance and taxation department. Industry certification materials should be issued by national industry associations or national industry administrative departments);

4. The sales or operation status and regions of the main goods or services using the trademark at home and abroad (relevant main sales invoices or copies of sales contracts should be provided);

5. The use of the trademark in the country Registration status outside the country (the registration status of the trademark in all goods or service categories and in the country or region where it is located should be listed, and a copy of the corresponding trademark registration certificate should be provided);

6. The trademark has been registered in recent years Recent advertising releases (relevant main advertising contracts and copies of advertising pictures should be provided);

7. The earliest use and continuous use time of the trademark (the earliest date of use of the goods or services using the trademark should be provided) Sales invoice or contract or the earliest advertisement of the trademark or a copy of the trademark registration certificate);

8. Other supporting documents regarding the well-knownness of the trademark (such as a copy of the provincial famous trademark, etc.).

When an enterprise applies for recognition of a well-known trademark, it can prepare its own application materials, or it can entrust a trademark agency approved by the State Administration for Industry and Commerce to act as its agent. Provincial industrial and commercial bureaus will not accept application materials for well-known trademark recognition submitted by institutions or individuals who do not have trademark agency qualifications. Trademark agencies that accept the entrustment of enterprises to handle matters related to the application for recognition of well-known trademarks shall not charge any other fees from the client except charging appropriate agency fees.

How to determine whether a trademark is well-known

The main criterion for determining whether a trademark is a well-known trademark in China is that the trademark enjoys a high reputation in the market and is well known to the relevant public. According to Article 14 of the Trademark Law, the following factors should be considered in determining a well-known trademark:

1. The relevant public’s awareness of the trademark

2. The duration of use of the trademark

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

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

5. Other factors that make the trademark famous

What is the difference between a well-known trademark and a famous brand?

A well-known trademark and a famous brand are two different concepts in different fields. Specifically, a well-known trademark usually refers to a trademark that enjoys a high reputation in the market. It is a legal concept. It is produced after strict legal procedures and is recognized by judicial authorities or administrative departments in accordance with the law. Its purpose is to resolve conflicts of trademark rights. , protect the legitimate rights and interests of well-known trademark owners.

In recent years, with the progress of international intellectual property protection cooperation, the recognition of well-known trademarks in various countries has also been recognized by the trademark authorities and judicial authorities of other countries, making well-known trademarks play an important role in resolving international trademark rights disputes. effect.

Famous brands are the common names used by the general public for those trademarks that have a high reputation in the market. They are generated through the evaluation of civil society groups or relevant industry management departments, and their purpose is to grant a trademark to an enterprise. It is an honor and does not have any legal status, nor is it recognized by the trademark authorities and judicial authorities of other countries.

According to the provisions of the "Trademark Law of the People's Republic of China" and relevant regulations, in addition to enjoying the exclusive rights to trademarks arising from trademark registration in accordance with the law, well-known trademarks also have the right to prohibit others from using them within a certain range. Register or use its well-known trademark on non-similar goods. If a well-known trademark has strong distinctiveness and high popularity, it also has the right to prohibit others from using it as part of the company name.

In modern society, consumers’ demand for goods no longer only focuses on quality and appearance, but also on taste, charm and fashion. Trademarks embody culture, taste, and fashion, and represent a certain identity and status. Therefore, as science and technology become increasingly developed, knowledge and information continue to expand, and living standards continue to improve, trademarks themselves contain huge intangible assets and are indispensable and valuable assets for enterprises.

The above is the "Application Process for Well-known Trademarks in China" provided by the editor. I hope you will like it!

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