Legal analysis: The difference between China’s famous brand products and well-known trademarks:

1. The legal basis and enforcement departments of the two are different.

An enterprise's well-known trademark must apply to the Trademark Office of the State Council's industrial and commercial administration department. After certification, it will be a well-known trademark and enjoy all the rights of a well-known trademark. The evaluation of China's famous brand products is based on the "Law of the People's Republic of China and Domestic Product Quality" as well as the "Quality Promotion Outline" and "China Famous Brand Product Management Measures" formulated by the State Council. The General Administration of Quality Supervision, Inspection and Quarantine authorizes the China Famous Brand Strategy Promotion Committee to organize and implement unified Evaluation work of Chinese famous brand products.

2. The two have different connotations.

A well-known trademark refers to a trademark that is widely known to the relevant public in China and enjoys a high reputation. Chinese famous brand products refer to products whose physical quality has reached the advanced level of similar international products, which are in a leading position among similar domestic products, and whose market share and popularity are at the forefront of the industry.

3. The objects of the two are different.

The identification of well-known trademarks includes both registered trademarks of domestic companies and trademarks registered in China by foreign companies. The evaluation of famous brand products is limited to products of Chinese companies, and use outside the country (territory) will not be accepted. Application for trademarked products.

4. The consequences of the two identifications are different.

The identification of well-known trademarks is a legal protection method for resolving trademark infringement disputes. It adopts the principles of "case-by-case identification" and passive protection. If a product that has obtained a well-known trademark encounters an infringement dispute, the well-known trademark can be submitted to the Trademark Office for arbitration as a protected record. According to the provisions of the "Measures for the Recognition and Review of Well-known Trademarks", apart from infringement disputes, well-known trademarks have no meaning to the enterprise. The evaluation of China's famous brand products is mainly to grant an honor to enterprises and is part of the national reward mechanism.

Legal basis: "Trademark Rights"

Article 14 Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. The following factors should be considered when determining a well-known trademark:

(1) The degree of awareness of the trademark by the relevant public;

(2) The duration of use of the trademark;

(3) The duration, extent and geographical scope of any publicity work for the trademark;

(4) The record of the trademark being protected as a well-known trademark;

(5) The Other factors that make a trademark famous.

During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office shall review and handle the case according to

If necessary, the trademark may be well-known.

During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.

During the trial of trademark civil or administrative cases, if a party claims rights in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case. .

Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.