How To Handle Well Known Trademarks In China

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Other factors of name.

2. Interpretation of the Supreme People's Court on several issues applicable to the trial of trademark civil disputes. Twenty-second people's courts may, in the trial of trademark disputes, determine whether the registered trademarks are well-known according to the requirements of the parties and the specific circumstances of the cases.

The identification of well-known trademarks shall be carried out in accordance with the fourteenth provision of the trademark law.

If a party requests protection from a well-known trademark once recognized by an administrative organ or a people's court, the other party shall not object to the well-known trademark, and the people's court will not examine it again.

If the objection is raised, the people's court shall examine it in accordance with the provisions of article fourteenth of the trademark law.

3, the decision of the State Administration for Industry and Commerce on the trademark inspection and trial standards promulgated in December 2005, "the determination of well-known trademarks", determines whether the trademark of another person constitutes a well-known trademark. The following factors should be taken into account in the case of a well-known trademark. However, it is not necessary to satisfy all the factors listed below: (1) the degree of awareness of the relevant public about the trademark; (2) the duration of the use of the trademark; (3) the duration, extent and geographical scope of any publicity work of the trademark; (4) the trademark as a record of the protection of a well-known trademark; (5) the registration of the trademark; and (6) other factors of the well-known trademark.

The "trademark review and trial standard", "determination of well-known trademarks", Section 3.3 provides: "the reference factors for identifying well-known trademarks can be evidenced by the following evidence: (1) the commodities, service contracts, invoices, bills of lading, bank entries, import and export credentials, etc. used by the trademark.

(4) information on media advertisements, media commentaries and other publicity activities; (4) relevant information on exhibitions and expositions that are used by the commodities and services that are used in the trade mark; (5) relevant information on the earliest use time and continuous usage of the trademark; (6) registration certificate of the trademark in China, abroad and the relevant regions; (7) the trademark administrative authorities or judicial organs have identified the trademark as a well-known trademark and given relevant documents for protection, and the situation of the trademark being infringed or counterfeited; (8) statistics and ranking of the sales, profits tax and output value of goods and services that are issued or issued by authoritative organizations or trade associations with public credibility, and ranking, advertising statistics, etc. (2) the relevant information on the sales area, distribution of sales outlets and ways and means of distribution of goods and services used in the trade mark; and (3) broadcasting, film, television, newspapers, periodicals and networks related to the trademark.

4, the provisions of the identification and protection of well-known trademarks, third of the following materials can be used as evidential materials for the well-known trademarks.

(1) to demonstrate the relevant materials of the public's awareness of the trade mark;

(two) the relevant materials that demonstrate the duration of the trademark's use, including the history and scope of its use and registration;

(three) materials related to the duration, procedures and geographical scope of any publicity work of the trademark, including advertising publicity and promotional activities, geographical scope, types of publicity media and advertising volume.

(four) to prove that the trademark is related to the protection record of a well-known trademark, including the material that the trademark has been protected as a well-known trademark in China or other countries and regions;

(five) other evidential materials that prove that the trademark is well known, including the relevant materials such as output, sales volume, sales revenue, profits tax, sales area, etc. of the major commodities that have been used for the past three years.