The difference between well-known trademarks and famous brands

Well-known trademarks and famous brands are two different concepts in different fields. Specifically, a well-known trademark usually refers to a trademark that enjoys a high reputation in the market. It is a legal concept. It is produced after strict legal procedures and is recognized by judicial authorities or administrative departments in accordance with the law. Its purpose is to resolve conflicts of trademark rights. , protect the legitimate rights and interests of well-known trademark owners. In recent years, with the progress of international intellectual property protection cooperation, the recognition of well-known trademarks in various countries has also been recognized by the trademark authorities and judicial authorities of other countries, making well-known trademarks play an important role in resolving international trademark rights disputes. .

Famous brands are the common names used by the general public for those trademarks that have a high reputation in the market. They are generated after evaluation by civil society or relevant industry management departments. Its purpose is to grant a kind of trademark to enterprises. honor, does not have any legal status, and is not recognized by the trademark authorities and judicial authorities of other countries.

According to the provisions of the Trademark Law and Order No. 56, in addition to enjoying the exclusive rights to trademarks arising from trademark registration in accordance with the law, well-known trademarks also have the right to prohibit others from registering or using a certain range of non-similar trademarks. Its well-known trademark. If a well-known trademark has strong distinctiveness and high popularity, it also has the right to prohibit others from using it as part of the company name.

In modern society, consumers’ demand for goods no longer only focuses on quality and appearance, but also on taste and fashion, which represent a certain identity and status. Therefore, as science and technology become increasingly developed, knowledge and information continue to expand, and living standards continue to improve, trademarks themselves contain huge intangible assets and are indispensable and valuable assets for enterprises.

In recent years, the Trademark Office of the State Administration for Industry and Commerce has played an important role in stopping the activities of criticizing famous brands in society through the identification of well-known trademarks. The well-known trademarks of "Furong King" and "Baisha" are legal The intangible assets of meaning are valuable assets of Hunan Tobacco Industry. Hunan Tobacco employees, especially employees of industrial enterprises, should consciously use the intangible assets of Chinese well-known trademarks and Chinese famous brands to actively promote and protect well-known trademarks. This is of great significance for maintaining the stability of Hunan's tobacco industry and promoting the rapid development of Hunan's tobacco.

The difference and connection between China’s famous brand products and China’s well-known trademarks

With the development of the market economy, the majority of enterprises have gradually realized the extreme importance of implementing famous brand strategies to improve reputation and enhance competitiveness. sex. At present, the state authoritatively identifies famous brands in two ways: "Chinese famous brand products" and "Chinese well-known trademarks". There are both connections and differences between the two.

Generally speaking, "Chinese famous brand products" must have trademarks with high market visibility. Similarly, the products that are the carrier of well-known trademarks must be of excellent quality and have competitive advantages. Some products, such as Ordos brand cashmere sweaters, are both Chinese famous brand products and have the title of Chinese Well-known Trademark. These two honors also have mutual reference value in the process of mutual recognition.

However, there are obvious differences between China's famous brand products and well-known trademarks in many aspects:

1. The legal basis and implementation departments of the two are different. The recognition of well-known trademarks in China is based on the "Trademark Law of the People's Republic of China" and the "Trademark Law Implementation Rules" formulated in accordance with this law and the State Administration for Industry and Commerce Order No. 5 "Regulations on the Recognition and Protection of Well-known Trademarks". Enterprises A well-known trademark must apply to the Trademark Office of the Industrial and Commercial Administration Department of the State Council. After being recognized, 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 the Quality of Domestic Products" and the "Quality Promotion Outline" formulated by the State Council and Order No. 12 of the General Administration of Quality Supervision, Inspection and Quarantine "Measures for the Administration of China's Famous Brand Products", the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China Authorize the China Famous Brand Strategy Promotion Committee to uniformly organize and implement the evaluation work of China's famous brand products.

2. The two have different connotations. Well-known trademarks refer to trademarks that are widely known to the relevant public in China and enjoy a high reputation.

Chinese famous brand products refer to products whose physical quality has reached the advanced level of similar international products, is in a leading position among similar domestic products, has market share and popularity at the forefront of the industry, has high user satisfaction, and has strong market competitiveness. It can be seen from this that the connotation of a well-known trademark is a trademark, while the connotation of a famous brand product is a specific product.

3. The objects of the two are different. The recognition objects of well-known trademarks include both registered trademarks of domestic enterprises and trademarks registered in China by foreign enterprises. The evaluation of famous brand products is limited to products of Chinese enterprises, and applications for products using foreign (overseas) trademarks will not be accepted.

4. The evaluation mechanisms of the two are different. According to the newly issued "Measures for the Recognition and Review of Well-known Trademarks" issued by the State Administration for Industry and Commerce, well-known trademarks will transform from an honor for enterprises into a means of legal protection, and will no longer be subject to batch evaluation and recognition organized by the state. The introduction of this new regulation means that the history of batch assessment of well-known trademarks has become a thing of the past. The "Measures for the Administration of Chinese Famous Brand Products" stipulates that the evaluation of Chinese famous brand products shall be conducted once a year, and the China Famous Brand Strategy Promotion Committee shall publish a product catalog for the evaluation of Chinese famous brand products every year. Applications for products that are not in the evaluation catalog for that year will not be accepted.

5. The identification conditions of the two are different. The components of a well-known trademark are: relevant materials about the trademark’s registration history and scope of use; relevant materials about the trademark’s publicity and promotional activities, geographical scope, types of publicity media, and the amount of advertising; the trademark’s popularity in China or Past record materials of being protected as a well-known trademark in other countries or regions; relevant materials such as the output, sales volume, sales revenue, profits and taxes, and sales area range of the goods using the trademark in the past three years. The evaluation of China's famous brand products focuses on: physical quality level; market share, export exchange rate, brand awareness, annual sales, realized profits and taxes, industrial cost and expense profit rate, total asset contribution rate; the company's production technical conditions and technical equipment , technological innovation, product development capabilities; the standard level of product implementation; the company's measurement and testing system, measurement assurance capabilities, quality management system; the company's after-sales service system and customer satisfaction and other indicators must be at the forefront of the entire industry.

6. The consequences of the two identifications are different. After a well-known trademark is confirmed, it can receive greater protection than an ordinary trademark. Recognition of a well-known trademark 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.

Any enterprise should realize that famous brand products are the basis for the formation of well-known trademarks, and the recognition of well-known trademarks is the only way for famous brand products to seek expanded legal protection.

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Reference material: Baidu knows