Shortcut To Apply For Famous Trademarks
In the past, the identification of well-known trademarks with trademark disputes was much neglected. In fact, trademark disputes were not always bad. For example, before the implementation of the new trademark law and the relevant judicial interpretations, the well-known trademark review and Accreditation of the State Administration for Industry and Commerce has been identified for all enterprises in the country, not only for each province, but also for the State Administration of industry and commerce.
But now, if conditions are available, skillful use of trademark disputes can identify a well-known trademark in a relatively short time and in a relatively short period of time.
In accordance with the existing laws, regulations, and the relevant judicial interpretations of the Supreme People's court, the company has obtained the legal way to identify "well-known trademarks". Besides the direct application to the State Administration for Industry and commerce, the Trademark Office has identified four well-known trademarks: one is to apply to the trademark office for the identification of well-known trademarks in the objection procedure of the commercial objection; the other is to apply for the identification of well-known trademarks to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce in the course of trademark dispute proceedings; three, to apply for the identification of well-known trademarks to the administrative departments for Industry and Commerce in the process of trademark infringement administration; and four, to apply for the recognition of well-known trademarks by the people's courts in the civil procedure of trademark infringement in accordance with the law; four.
According to statistics, only in 2004, the Trademark Office of the General Administration of industry and Commerce and the Trademark Review and Adjudication Board recognized 153 well-known trademarks in accordance with the law. Among them, the Trademark Office identified 116 pieces of "Goldlion" and "iron general" in trademark management cases, and identified 14 pieces in the trademark objection cases. 1 were identified in the disputed cases of trademark international registration, and the Trademark Review and Adjudication Board identified 22 pieces of Montagut and wife in trademark dispute cases.
According to the report, the court system has also identified dozens of well-known trademarks such as "Shu Fu Jia", "Li Bang", "royal family", "Red Dragonfly" and "Joy Music" in the civil litigation ruling of trademark disputes in recent years.
With the advent of the late pition period of China's accession to the WTO, the competition among international market economies will become more and more intense and complicated. The role of well-known trademarks will also increase. It is a trend to identify well-known trademarks through trademark disputes.
But on the whole, many domestic enterprises are still blind.
Enterprises neglect to identify well-known trademarks through trademark disputes, especially through judicial procedures, ignoring the advantages and shortcuts of identifying well-known trademarks through litigation.
This contrasts sharply with the fact that after the introduction of new laws and regulations by foreign enterprises, especially those from the United States, Japan and Britain, most trademark owners not only take the opportunity to put forward applications and requirements for identifying well-known trademarks in trademark dispute cases, but also adhere to the final ruling, whether in administrative or judicial proceedings, so that they do not stop at the end.
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