Well-known trademarks of the conditions and benefits
Identify whether a mark well-known trademarks in China, the main criteria is that the trademark in the market enjoy a high reputation and well known to the relevant public.According to "Trademark Law" Article 14 provides that the well-known trademarks should consider the following factors:
1, the relevant public know the extent of the trademark
According to "well-known trademark recognition and protection regulations" Article 2, paragraph 2, the relevant public, including with the use of trademark is certain goods or services to consumers, produce goods or provide services to the above operators and other distribution channelsinvolved in sales and related personnel.For example, the use of a trademark goods or services are computer information technology, computer information technology with a number of associated persons know the extent of the trade mark, is the "relevant public know the extent of the trademark."Field of information technology and computer are not linked to a number of people know or do not know the mark, does not affect the mark was recognized as well-known trademarks.That is, not referring to all the well-known cognitive or all of the public in both high visibility, but to the well-known in the relevant consumers can, that is not "known."
2, the duration of the trademark
Trademark rights and the exercise of trademark rights to use the main way is to use its trademark.Mark whether registered or not, can only use the transaction to reflect its value to the trademark intangible property into material wealth.For unregistered trademarks, and only continue to use its trademark in order to reflect the existence of possible through the use of a significant nature, which produces well-known in the relevant public, otherwise, the public will not understand the mark, let alone a well-known.For the registration of the trademark owner, use of the trademark is its obligations.Therefore, the continued use of the trademark term as well-known trademarks of a factor is also very necessary.According to "well-known trademark recognition and protection regulations" Article 3, paragraph 2 of the Convention, that the duration of the trademark use of relevant material, including the use of the trademark, registered the history and scope of the material.
3, the mark of any publicity the duration, extent and geographical scope
In today's increasingly competitive market, both producers of goods or services of the operators, regard the promotion, marketing their products as a top priority, increasing publicity, especially with the communication technology, information technology networkdevelopment, television, radio, Internet, newspapers and other media publicity propaganda became increasingly obvious that many of the public on a certain brand (TM) to know, from manufacturers or operators of all kinds of advertising.Therefore, the understanding of a trademark by any publicity work duration, extent and geographical scope, we can more clearly that the trademark in a certain area know the extent of the public.According to "well-known trademark recognition and protection regulations" section 3 of Article 3 of the Convention, that any publicity of the mark the duration, extent and geographical scope of the relevant material, including advertising and promotional activities, methods, geographical scope, publicitymedia types and amount of advertising and other relevant materials.
4, the trademark as a well-known trademark protected records
If a trademark has been protected as a well-known trademarks in China had, then, the trademark owner can provide the relevant documents, which finds that the trademark is well-known trademark with a very important reference value.If you have a trademark as a well-known trademarks in foreign countries have received protection, then the trademark owner can also provide the finds that the trademark is well-known trademarks of various documents.These documents, when well-known trademarks in China as an important reference.According to "well-known trademark recognition and protection regulations" Article 3, paragraph 4, that the mark as a well-known trademark protected record of relevant material, including the trademark has been in China or other countries and regions as the well-known trademark protected material.
5, the well-known trademark and other factors
This item is a fallback provision to meet the evolving needs of the actual well-known trademark protection.According to "well-known trademark recognition and protection regulations" Article 3, paragraph 5, to prove that the well-known trademark other evidence, including the use of the trademarked goods in the last three years of production, sales volume, sales revenue, profits, sales areaand other relevant materials.
"Well-known trademark recognition and protection regulations" Article 10 provides: "Trademark Office, Trademark Review and Adjudication Board in the well-known trademarks, the Trademark Law should be taken into account the factors specified in Article XIV, but not to the mark which states must meetall the factors as a precondition. "