China finds way to well-known trademarks

Identified through administrative channels:

    A trademark infringement in administrative cases, to the local industrial and commercial administrative departments well-known trademark application:

    The trademark aspect, the parties believe that others in similar but not identical or related to use with their products the same or similar trademarks, it may happen to the city by the administrative department for industry and commerce above investigation, the request to protect its well-known trademark may apply to theincident to the city (state) or more industrial and commercial administrative departments prohibit the use of a written request and submit proof of its well-known trademark related materials.Material submitted to the case step by step guide and Trademark Office at the request to stop infringement cases, and recommend identified as well-known trademarks.Identify well-known trademark infringement procedure:
    1, first find other people in similar but not identical or related goods and their use of the same or similar trademarks, as a tort cause of action;
    2, this infringement case to case the place of the city (state) or more industrial and commercial administrative departments prohibit the use of a written request, but identified well-known trademark applications submitted to the relevant material;
    3, the municipal (prefecture) industrial and commercial administrative departments will submit all the case materials, the provincial (autonomous regions and municipalities) industrial and commercial administrative department, the case issued a notice to the parties;
    4, the provincial (autonomous regions and municipalities) industrial and commercial administrative departments will submit all case materials and Trademark Office.


    Second, trademark opposition procedures to the Trademark Office in a well-known trademark applications:

    In the initial validation and Trademark Notice link, the parties that the trademark infringement, trademark office objections directly to the challenge and apply at recognized as well-known trademarks.


    Third, has obtained a registered trademark dispute cases, and proposed the identification of well-known trade mark application:

    Other parties that have registered trademarks malicious infringement of interests of the parties, directly to SAIC and Trademark Review and Adjudication Board to dispute and request an application be identified as well-known trademarks.

 

Way through the courts of justice finds that:

    First, the People's Court domain name disputes, according to the request of the parties and the circumstances of the case, can be related to the well-known trademark is determined according to law.

    Second, the people's court in trademark dispute cases, can involve a determination is made whether a mark is well-known law.