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Analysis on the way of recognition of well-known trademarks in China

1 Apply in trademark opposition
Applicant: State Administration for Industry and Commerce Trademark Office
Prerequisite: There must be a trademark that is the same or similar to the trademark that is to be applied for "well-known trademark".
The difficulty lies in: The probability of the target trademark that can be used as the object of objection during the announcement period and meet the conditions of applying for "well-known trademark" is very small. If you deliberately apply for registration, there are two levels: 1, the application for registration is relatively difficult, the possibility of being directly rejected is very large, and can not enter the announcement period. 2, even if it can enter the announcement period, from the application to the announcement, the process will have more than one year or even two or three years of waiting process.
Advantages: relatively direct, less intermediate links, can be directly applied to the National Trademark Office, the initial cost is relatively small.
Disadvantages: It is difficult to find the target trademark, even if the target trademark is found, the other party will struggle after entering the opposition stage, and the opposition time will become unpredictable. Reapplying for qualified target trademarks is not operationally strong, the time is relatively long, and there are many unknown factors that cannot be grasped.
There are "well-known trademarks" identified in this way every year.
It should be noted that in addition to applying for trademark objections, in addition to submitting an application, making a request, and listing the reasons for objections, each case needs to pay a trademark objection fee of 1000 yuan. The current approach takes about a year and a half to two years.
     2 Apply in a trademark dispute
Applicant: Trademark Review and Adjudication Board of the State Administration for Industry and Commerce
Prerequisites: There must be a registered trademark identical or similar to the trademark for which a well-known trademark is to be applied, and it must be within a five-year dispute period as far as possible.
Difficulties: as above, the target trademark is difficult to find, if the re-application time is longer than the first way, at least more than 2 years, it is possible to submit an application for recognition of "well-known trademark".
Pros and cons: same as the first approach.
There are well-known trademarks recognized in this way every year.
It should be noted that the application for trademark disputes, in addition to the need to submit an application, make a request, list the reasons for the dispute, each need to pay a trademark dispute fee of 1500 yuan. It currently takes about a year or two.
     3 Apply in trademark case management
Application authorities: municipal and provincial two levels of local industry and commerce bureau after examination to the State Administration for Industry and Commerce Trademark Office for approval
Advantages: Compared with the above two schemes, this scheme is the most convenient, it does not need to rely on any existing published trademarks or registered trademarks, but it needs to objectively exist trademark infringement cases, and the goods used in the infringement trademark must be different from the goods used in the application for trademarks. Relatively speaking, this method can be controlled by the enterprise itself, and the time is relatively short. At present, this method generally takes about eight months to a year and a half.
Disadvantages: there are more industrial and commercial organs involved, and there are more intermediate links, which require good planning and operation, and the cost will be relatively large.
It is more common to identify "well-known trademarks" in this way. At present, this method is the main way to apply for well-known trademarks.
 4 Court determination
Applicant: local intermediate people's courts or above
The problem: The court's determination of well-known trademarks and the Bureau of Industry and Commerce is not the same way, which is another recognition system. The well-known trademark recognized by the court does not need to go to the state industry and Commerce Department to re-recognize or obtain a certificate. The court found that well-known trademarks can only be recognized in domain name infringement and trademark infringement litigation cases.
Advantages: It takes a short time, generally six months to one year to identify success, and the conditions are not very good companies like to identify well-known trademarks in this way.
Disadvantages: 1, due to the public on the court to determine the well-known trademark conditions are too lenient, the difficulty of the court is increasing, generally need to be reported to the provincial high court before the judgment review, after the judgment takes effect also need to report to the Supreme Court for record; 2. Due to the prevalence of well-known trademarks recognized by the court in recent years, the visibility of some well-known trademarks recognized by the court is too low, and the phenomenon of individual applicant enterprises is serious, leading to the decline of the public credibility of well-known trademarks recognized by the court; 3. Some enterprises and the public believe that the well-known trademarks recognized by the intermediate court do not have the authority recognized by the State Administration for Industry and Commerce, and some excellent enterprises disdain to identify well-known trademarks in this way; (4) Some local governments do not award well-known trademarks recognized by the court or award them by half; 5, some local industry and commerce departments do not attach importance to the protection of well-known trademarks recognized by the court.
It is more common to identify "well-known trademarks" in this way, especially the first choice of enterprises with poor conditions.
  Suggestions for enterprises:
Knowing the advantages and disadvantages of the above application channels and various approaches, enterprises can decide which application form to use. Because the identification of well-known trademarks is very professional, a little detail is not perfect, will lead to the abandonment of previous achievements, it is recommended that enterprises take the form of entrusted agent, entrust professional intellectual property agency companies, with well-known trademark declaration professional knowledge of the agency.