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How to create a well-known trademark

Author: Source: Date:2015/8/31 21:25:39 Click:37 TAGS:

Well-known trademark is widely known by the public in China and enjoys a high reputation, beneficial to enterprises to expand social awareness and market influence trademarks, such as: "Gome." "Ordinary trademark" just and "Trademark" Instead, the public is not aware, no reputation. They are protected by state laws, protection efforts are not the same, "Trademark" relatively "ordinary trademarks", the "Trademark" protection is even more perfect. Many companies want to have well-known trademarks, and expand corporate influence, Nigel Foster registered trademark experts will introduce you to that standard well-known trademark, finds ways to identify aspects of procedures.

 

■ What is known trademarks?

Well-known trademarks, is China State Administration for Industry and Trademark Office, according to the applicant, an official trademark type identified in the finger in China widely known to the public and enjoy a high reputation. The protection of well-known trademark is not limited to that the same or similar goods or services, is not the same or similar goods not apply at the time of registration or use, will not be registered and the prohibition of the use, and therefore well-known trademark given the relatively wide range of exclusive rights. And "Famous Brand" held companies company name and website domain name will be subject to legal protection is particularly different from ordinary trademarks. So far, access to China's "Famous Brand" trademark identified a total of 1,624, of which foreign brands accounted for 98.

 

■ has a well-known trademark IX benefits

1, against cybersquatting

2, the same as (like) a trademark of impact against different commodities

3, for easier identification of similar trademarks

Limit 4, in the investigation of criminal cases of counterfeit trademark, without filing amount

5, to prevent other companies with well-known trademarks for the company name registration

6, to avoid the registration of domain names in e-commerce

7, can be obtained and Trademark Office and local government incentives

8, to increase the visibility of enterprises, enhance the corporate image, won the trust of consumers and ultimately bring benefits to the enterprise

9, to obtain a more robust protection, trademark protection is more than ordinary efforts to protect the whole class can be obtained


■ How well-known trademarks

According to the provisions of China's "Trademark Law", the well-known trademarks should consider the following factors:

1, know the extent of the relevant public of the mark;

2, the duration of use of the mark;

3, the duration of any publicity of that trademark, extent and geographical scope;

4, the recording of trademark protection by a well-known trademark;

5. Other factors in the well-known trademark.


Trademark Office and the Trademark Review and Adjudication Board at well-known trademarks, will be when all the above factors into account, but not all of the factors that provision to the mark must be fulfilled as a precondition.

 

■ well-known trademarks Way

We find ways to well-known trademark in two ways:

1, the judicial route, through local intermediate court to identify;

2, administration route, through the Trademark Bureau to identify.


"Supreme People's Court on Several Issues Concerning cases involving computer network domain name case law applicable to civil disputes" implemented in July 2001 and implemented in October 2002, "the Supreme Court Trial of Trademark Civil Dispute Cases interpretation of the law applicable to a number of issues," so that the people's court to obtain the authority finds that well-known trademarks. According to the Supreme People's Court President Jiang Zhipei Min San introduction, the Court finds that the system has more than 1,000 well-known trademarks. According to relevant statistics, the State Administration for Industry and Commerce from 1996 to now well-known trademarks finds that well-known before more than 1200 pieces. Our apparent by well-known trademark for 10 years the people's court system finds more than a 1000, 14-year period before the Trademark Office administration identified 1,200 trademark.


Part of well-known trademarks identified through legal channels are: Gome, peace, Safeguard, Red River, Huaneng. Well-known trademarks identified through legal channels relative administrative channels on the authority identified well-known trademarks, the well-known trademarks identified through administrative channels than the legal channels to well-known trademarks identified more authoritative, more convincing.

 

■ What kind of business can be identified as well-known trademarks?

According to relevant laws and judicial interpretations, the court finds that well-known trademarks need to examine the following points:

In general, companies need both their own well-known trademarks have better conditions, but the agency needs excellent professional technology, while closely with enterprises is also essential. Thus, with better conditions on the basis of objective and willing to actively cooperate with the agency's business is more likely to be identified as well-known trademarks enterprises subjective.


Better basic conditions generally refers to large-scale enterprises, the longer the history, the trademark use of time (also including registration time) is longer, larger propaganda, the flagship brand to get more national or industry honor, the output value and sales volume and other economic indicators ranked in the industry more forward. The above conditions are not indispensable, some enterprises have less than a two respects, it does not mean that companies will lose the chance to be successful identified.

 

■ What well-known trademark is the procedure?

Enterprises need to apply well-known trademarks, and must submit relevant material through the provinces, autonomous regions and municipalities Business Administration (hereinafter referred to as the provincial Trade and Industry Bureau). Identify relevant materials for enterprises to apply well-known trademark, the provincial industry and commerce bureau should be the first instance, and sign an opinion. The provincial industry and commerce bureau shall pass their opinion about the trial and signed application materials by mail and the State Administration for Industry and Commerce Times.


Companies apply well-known trademarks, well-known trademarks should be submitted to the application report, the report shall provide evidence of its trademark rights are being infringed. At the same time should be truthfully fill out the "well-known trademark recognition application form" and provide the necessary proof. The evidence includes:

1, well-known trademarks of business license copy of the applicant;


2, well-known trademarks entrust trademark agencies in the applicant, the applicant shall provide the signature of a power of attorney or trust agreement between the applicant and trademark agency signed (the contract);


3, the main use of the goods or services of the trademark in the sale or operation and region and abroad (available on major sales invoice or a copy of the relevant sales contract);


4, the main goods or services using the trademark for nearly three years, the main economic indicators (stamped applicant should provide financial seal and seal of the local finance and tax departments of each annual financial statements or other reports copies of supporting materials industry by national trade association or national industry administrative departments issued);


5, the trademark registration abroad (should the trademark in all categories of goods or services as well as in the host country or region specified in registration, trademark registration and provide copies);


6, the earliest use of the mark and the continuous use time (available on the use of the mark for goods or services of the earliest sales invoices or contracts or the mark of the earliest copies of advertisements or trademark registration);


7, the mark in recent years, advertising case (should provide relevant major advertising contract with advertising image copy);


8, other documents related to the well-known trademarks (such as famous copy, etc.).


Enterprises to apply for well-known trademarks, the application can prepare their own material, it can also entrust a trademark agency State Administration for Industry and Commerce approved agents. Where the commission does not have a trademark agent for the agency or person to submit the application materials well-known trademarks, the provincial industry and commerce bureau inadmissible. Accept the business entrusted to handle matters relating to the application of well-known trademarks trademark agency, in addition to collect the appropriate agency fee shall not charge any other fees to the client.

 

■ well-known trademarks of formal requirements

Trademark Law does not provide for well-known marks the formal requirements, judicial and administrative authorities to stay out of a lot of room for discretion, but also out of a problem. So, if you must have the form of well-known trademarks elements? Consider the following three practical factors, well-known trademark must also have formal requirements:


First, the well-known trademark substantial elements or elements of trademark law is too abstract and general, in practice, difficult to operate and to grasp;

Second, determine the form elements can be prevented law enforcement abuse of discretion, the maintenance of good order and law enforcement;

Again, determine the form elements can ensure the relative stability of well-known marks, making the well-known trademark protection law, based on evidence.


As for the relationship with the formal requirements of substantial elements, substantial elements is the fact that conditions for well-known trademarks constituted formal requirements are well-known trademark constitutes the legal conditions, the two can not be biased. If too much emphasis on substantial elements rather despise even ignore the formal requirements, lead to confusion and legal order; the other hand, if too much emphasis on formal requirements without substantial elements respected, well-known trademark protection purposes will depart towards program doctrine or nihilism.

 “认定中国驰名商标”对企业无形资产的保护和产品的销售会有巨大的促进作用。

■ material known trademarks should provide

1, prove the extent of the relevant public identifying the trademarks related materials;

2, show that the duration of the use of trademarks related materials, including the use of the mark, the relevant materials Register of Historic and scope;

3, to prove that the material any publicity of that trademark the duration, extent and geographical scope, including advertising and promotional activities the way, geographic scope, its media type and the amount of advertising and other related materials;

4, that the mark as a well-known trademark protected material related records, including the mark was in China or other countries and regions as well-known trademark related materials protected;

5, other evidence to prove the material of the well-known trademark, including the use of the material goods of the mark main output of nearly three years, sales volume, sales revenue, profits, sales territory.

 

"I find Famous Chinese Trademark" protection and product sales of intangible assets have a huge role in promoting.


■ apply for the protection of well-known trademarks issue

1. Where a trademark if the preliminary examination and approval and announcement of belonging to the specified circumstances, may apply to the Trademark Office to challenge, and to submit proof of their well-known trademark related materials;

2. Where a trademark has been registered belonging to the specified circumstances, may apply to the Trademark Review and Adjudication Board ruled that the request to revoke the registered trademark, and submit proof of their well-known trademark related materials;

3, trademark management, the parties believe that the use of a trademark belonging to another person specified circumstances, to cases of land can occur city (prefecture) than industrial and commercial administrative departments prohibit the use of a written request and submit proof of their well-known trademark related materials. At the same time, send a copy to their local provincial industrial and commercial administration departments.


Can be used as evidence to prove a well-known trademark materials include:

1, prove relevant public aware of the extent of trademark related materials;

2, show that the duration of the use of trademarks related materials, including the use of the mark, the relevant materials Register of Historic and scope;

3, to prove that the material any publicity of that trademark the duration, extent and geographical scope, including advertising and promotional activities the way, geographic scope, its media type and the amount of advertising and other related materials;

4, that the mark as a well-known trademark protected material related records, including the mark was in China or other countries and regions as well-known trademark related materials protected;

5, other evidence to prove the material of the well-known trademark, including the use of the material goods of the mark main output of nearly three years, sales volume, sales revenue, profits, sales territory.

When the law requires the parties to protect its trademark, the trademark has been able to provide the competent Chinese authorities, as well-known trademarks to protect the records.


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