Materials required for well-known trademark application

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

2. Proving the duration of use of the trademark Relevant materials, including the history and scope of use and registration of the trademark;

3. Relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including advertising and promotion Relevant materials such as the method of activities, geographical scope, types of publicity media, and amount of advertising;

4. Relevant materials proving that the trademark is protected as a well-known trademark, including that the trademark has been used in China or other countries and regions are protected as well-known trademarks;

5. Other evidence proving that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, Sales area and other related materials. How to identify a well-known trademark

A well-known trademark refers to a trademark that is widely known to the relevant public and enjoys a high reputation. Article 14 of the Trademark Law stipulates: “The following factors shall be considered in 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 Time, extent and geographical scope; (4) Records of the trademark being protected as a well-known trademark (5) What are the other factors that make the trademark famous? What are the methods for applying for a well-known trademark in my country?

Based on the internationally accepted principles of "passive identification" and "case-by-case identification", my country has established two channels: administrative identification and judicial identification. There are only two identification authorities: 1. State Administration for Industry and Commerce (including national trademarks) Bureau and Trademark Review and Adjudication Board), 2. Court, the specific application channels are as follows:

(1) Apply in trademark opposition

Trademark opposition refers to a trademark that has been preliminary reviewed by the Trademark Office , before obtaining the registered trademark certificate, the Trademark Office shall first make an announcement. During the announcement period, anyone can file an objection with reasonable reasons. If during the process of filing an objection, the trademark may constitute an infringement of one's own trademark, the trademark office shall make an announcement at the same time. Identify yourself as a well-known trademark. This method is relatively straightforward, with few intermediate steps. You can apply directly to the Trademark Office and get approval faster. The application fee is relatively low, but the prerequisite is that you must have and apply for a "well-known trademark". The trademark is identical or similar during the announcement period

Application authority: State Trademark Office

Prerequisite: There must be a trademark that is identical or similar to the trademark to be applied for as a "well-known trademark". During the announcement period, the announced trademark is generally not of the same category as the well-known trademark to be applied for.

(2) Application in trademark dispute

Trademark dispute refers to a trademark that has been obtained. If a registered trademark is considered by others to have infringed upon one's own trademark due to certain legal reasons, one can apply to the Trademark Office to revoke the registered trademark at the same time. The method is different from the previous method in that you need to apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce. The prerequisite is that there is a registered trademark that is the same or similar to the trademark for which you want to apply for a well-known trademark, which has been registered in other categories, and has been in dispute for five years. Within the period.

Application authority: Trademark Review and Adjudication Board of the State Administration for Industry and Commerce

Prerequisite: There must be a registered trademark that is the same as or similar to the trademark to be applied for, and it must have been registered within five years. During the dispute period, such situations are generally rare.

(3) Application in trademark management

“If a trademark is counterfeited, it reflects that the trademark is a best-seller. . "Based on this, when the local industrial and commercial bureau finds that there are many infringements of the trademark rights during the anti-counterfeiting process, it can determine the trademark as a well-known trademark based on the application of the party concerned.

Applying authority: The local industrial and commercial bureaus at the provincial and municipal levels and the National Trademark Office

This method is the most troublesome. Generally, an application must be submitted to the regional industrial and commercial bureau first, and then submitted to the provincial industrial and commercial bureau. The industrial and commercial bureau reports it to the State Trademark Office, which ultimately determines whether it is a well-known trademark. If it is counterfeiting investigated and dealt with by the county-level industrial and commercial bureau, more agencies are involved, and each level of industrial and commercial bureau must pass it through one by one. , there are many intermediate steps and it takes a long time, at least one year.

(4) Identification in litigation cases

The court’s decision to identify well-known trademarks is simple, low-cost, and easy to operate. Well-known trademarks identified by the court have become increasingly common. Way.

Application authority: Court

The court can generally determine in these two types of cases: 1. The name of a well-known trademark has been registered as a domain name by others, 2. The well-known trademark has been infringed and used by others. This use generally requires that the trademark be used on different categories of trademarks. If the goods are of the same type, it will easily be deemed as trademark infringement and cannot be applied for as a well-known trademark based on this case.

The above is "How to apply for a well-known trademark" provided by the editor. I hope you will like it! Application for a well-known trademark