well-known trademarks in China are recognized by the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board; According to the judicial interpretation of the Supreme People's Court, the people's court may determine whether a trademark is well-known. China brand evaluation agency is China Famous Brand Strategy Promotion Committee, which is supervised and managed by AQSIQ. The "Famous Brand Promotion Committee" is a non-permanent agency, and the China Federation of Industrial Economics is responsible for its daily work.
second, the criteria for identification are different.
according to the provisions of article 14 of the trademark law, the following five factors are taken into consideration when identifying a well-known trademark: 1. the awareness of the relevant public about the trademark; 2. The duration of the use of the trademark; 3. The duration, procedures and geographical scope of any publicity work of the trademark; 4. The record that the trademark is protected as a well-known trademark; 5. Other factors that make the trademark famous.
according to the "measures for the administration of famous brand products in China", China's famous brands should meet the following requirements: 1. they should comply with the relevant national laws, regulations and industrial policies; 2. The physical quality is in the leading position in China among similar products and has reached the international advanced level; Market share, export exchange rate and brand awareness rank among the forefront of similar products in China; 3. Annual sales, realized profits and taxes, profit rate of industrial costs and expenses, and contribution rate of total assets rank among the top in the industry; 4. The enterprise has advanced production technical conditions and equipment, and its technological innovation and product development capabilities are in the forefront of the industry; 5. The products shall be produced according to the standards adopting international standards or advanced foreign standards; 6. The enterprise has a perfect measurement and testing system and measurement guarantee ability; 7. The quality management system is sound and effective, and there is no major quality liability accident; 8. The enterprise has a perfect after-sales service system and a high degree of customer satisfaction.
It can be seen that the recognition standard of well-known trademarks in China focuses on market recognition, while the evaluation of famous brands in China focuses on production scale and technical conditions.
third, the identification and protection policies are different.
the identification of well-known trademarks in China is for the need of protection, only for individual cases; China's famous brands are actively evaluated and protected in batches.
fourth, the degree of international recognition is different.
Well-known trademark is a concept recognized by law worldwide; At present, except China, there is no government-authorized organization to select national famous brand products in any other country.
5. The legal basis for identification is different.
well-known trademarks in China are recognized on the basis of the Trademark Law and its Implementing Regulations; The Measures for the Administration of Famous Brand Products in China issued by the General Administration of Quality Supervision, Inspection and Quarantine is a departmental regulation that regulates the evaluation of famous brands in China at present.
VI. The identification procedures are different.
Well-known trademarks recognized by the Trademark Office and the Trademark Review and Adjudication Board follow the administrative adjudication procedure, while well-known trademarks recognized by the people's courts follow the civil trial procedure. Moreover, the recognition by the Trademark Office and the Trademark Review and Adjudication Board is not final and still subject to judicial supervision. The preliminary examination and recommendation of famous brands in China are controlled by the quality inspection bureaus of provinces, autonomous regions and municipalities, and the final primary selection, soliciting opinions and publication are carried out by the "Famous Selection Committee" under the guidance of the General Administration of Quality Supervision, Inspection and Quarantine, and the evaluation results are not subject to judicial supervision.
However, in the field of consumption, consumers often don't care about the emergence, origin and legal status of well-known trademarks and China famous brands. Guided by media advertisements, they usually trust famous brands when buying goods, but don't look at them carefully, which is essentially a consumption misunderstanding. The main reasons for leading consumers into this misunderstanding are as follows: first, "well-known trademark" is a legal term, far away from popular culture, while "China famous brand" is spoken, easy to understand and spread; Second, China has a large number of famous brands and excessive advertisements. The identification and protection of well-known trademarks in China has been carried out for more than ten years, so far more than 4 pieces have been identified, while China famous brands have launched nearly 6 products in four years.
Strengthening consumers' understanding of well-known trademarks and correcting the brand awareness of production enterprises are issues that cannot be ignored in the supervision of market economy. The author suggests:
First, improve the brand strategy, cancel the selection of famous brands in China, and establish the awareness that well-known trademarks are famous brands in the economic field. The selection process of famous brands in China is suspected of violating the Administrative Licensing Law, and some legal experts have questioned its legality. Only by establishing the authority of well-known trademarks can domestic enterprises make fewer detours in the process of brand creation and better integrate with the international community.
Secondly, unify the standards and cancel the identification of provincial famous trademarks and the selection of famous brands below the provincial level.
third, increase the publicity of well-known trademarks. Local industrial and commercial authorities at all levels should widely popularize the knowledge of well-known trademarks among consumers and advocate brand recognition shopping and rational consumption.