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Trademark Registration For 3 Years Or 5 Years.

2014/4/15 16:01:00 31

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April 14th, the State Administration for Industry and Commerce issued the announcement of the public opinion on the recognition and protection of well-known trademarks (Revised Draft).

The deadline for feedback is May 13, 2014.

redefine < a href= "http://www.91se91.com/news/index_c.asp" > well-known trademark < /a > /strong > /p >

revised draft proposes that well-known trademarks are trademarks that are well known to the public in China.

The definition of well-known trademarks before the amendment is "a trademark that is widely known and enjoys a high reputation in China for the relevant public".

comparing the two phases, the wording of the definition of well-known trademarks has undergone subtle changes.

One is to change "wide knowledge" into "familiar", and the two is to remove the restrictive attributive which enjoys a high reputation.

for this reason, Huang Hui, the first Chinese "a href=" http://www.91se91.com/news/index_c.asp "> trademark < /a > law, and the part-time researcher of the intellectual property center of the Chinese Academy of Social Sciences, analyzed the definition in order to integrate and match the newly revised trademark law and its implementation regulations.

Dong Baolin, director of the expert committee of the senior economist of the former State Administration for Industry and Commerce and the China Trademark Association, believes that although the restrictive conditions of "enjoying a high reputation" are deleted, the "widely known" upgrade to "familiar" is a recognition standard for well-known trademarks.

in accordance with the original intention of the Paris Convention on the protection of industrial property rights (hereinafter referred to as the Paris Convention), the corresponding English trademark of the well-known trademark is "well-known trademark", which means only the "unknown trademark known to the public or" known to the public in the market.

Dong Baolin said that according to the principles formulated in accordance with the Paris Convention and the TRIPS agreement, the protection of well-known trademarks should be comprehensive protection rather than the protection of senior and unprotected intermediate and low-level businesses. As long as the business reputation acquired by honest and honest business operators, whether they are registered or unregistered trademarks, their awareness level should be protected.

Reproduction, imitation and plation in any form should be prohibited.

standard and evidence were clear .

There were seventeen articles on the identification and protection of well-known trademarks in the 2003 edition, and the revised draft was increased to twenty-four.

Huang Hui believes that the draft is intended to standardize the identification and protection process of well-known trademarks. It is a summary of the well-known trademarks in the industrial and commercial system over the past 20 years, which is more complete in general. The procedure is clearer and the conditions are more clear.

for example, the tenth article of the draft opinion provides that the evidence can be used to prove that the relevant public is aware of the trademark in accordance with the first paragraph of article fourteenth of the Trademark Law:

materials that demonstrate the duration of the trademark's use, such as the history and scope of its use and registration.

If the trade mark is an unregistered trademark, it shall provide materials that prove that its duration of use is not less than five years.

The trademark is a registered trademark and shall provide materials that prove that the registration period is not less than three years or the duration of continuous use is not less than five years.

for this reason, Huang Hui analyzed that the "trademark" has been refined and the two cases of registered trademarks and unregistered trademarks have been distinguished.

However, the "two years" and "three years" restrictions of the five parties are respectively stated, indicating that in the business sector, trademarks are not easy to be known in a short time.

In fact, according to traditional common sense, generally speaking, trademarks are not easy to become famous in a short time.

But in the Internet era, special circumstances can not be ruled out. For example, Qingfeng baozi, known recently, is likely to become famous overnight.

For example, the evidence contained in the tenth article of the draft opinion also includes: materials that prove the duration, extent and geographical scope of any publicity work of the trademark, such as the advertising methods, geographical scope, types of publicity media and advertising volume in the past three years; and prove that the trademark is a material for the protection of the well-known trademark's record in the past three years.

for the former, Huang Hui said that the "three years" here is also new.

He believes that with time constraints, relatively speaking, it may be more objective when deciding.

But this should not be regarded as an absolute restriction.

"For example, even if Google can't get nearly three years of advertising materials, it can't be recognized as famous."

for the latter, Huang Hui said that the original provisions were more detailed. In addition, "after proving that the trademark is the relevant material for the protection record of well-known trademarks", it also clearly mentioned "including the trademark has been protected as a well-known trademark in China or other countries and regions".

Huang Hui regretted this change.

"Because famous trademarks are also very important in their country's reputation, they should be distinguished from trademarks that are not well-known in China, but only after they have arrived in China."

, however, Huang Hui also said that these provisions should not be too absolutization and should not be required to meet the prescribed conditions.

in fact, the fourteenth article of the draft is also clear about this.

The article states that the Trademark Office and the Trademark Review and Adjudication Board shall take into consideration the factors listed in the first and fourteenth clauses of the trademark law when determining the well-known trademarks, but not on the premise that all the factors are satisfied.

threshold is not the higher the better, /p >

< < a href= > http://www.91se91.com/news/index_c.asp > > Dong Baolin < /a > it seems that if we want to really get the money right, we must adopt a low standard rather than a high standard. We must crack down on rush registration and brand names and liberate enterprises from being threatened and coerced into registering.

If high standards are still adopted, there will continue to be a vicious expansion.

Dong Baolin said that at present, some experts still emphasize the principle of applying for the prior application and the principle of registration. They not only break away from the present international environment and the international treaties China has joined, but also contradict the present situation of our country.

according to the world intellectual property organization, China's trademark growth is 46.8% in the world from 2004 to 2010, and from 2010 to 2011, the growth of trademark in China has further increased to 61.8% in the world.