Well-known trademarks and famous brands are two different concepts in different fields. Specifically, well-known trademarks usually refer to trademarks that enjoy a high reputation in the market. This is a legal concept. Its production has gone through strict legal procedures and has been legally recognized by judicial organs or administrative departments. Its purpose is to solve the conflict of trademark rights and protect the legitimate rights and interests of well-known trademark owners. In recent years, with the progress of international cooperation in intellectual property protection, the recognition of well-known trademarks by various countries has also been recognized by the trademark authorities and judicial organs of other countries, making well-known trademarks play an important role in solving international trademark disputes.

Famous brand is the general name for those trademarks that enjoy high reputation in the market. It is evaluated by non-governmental organizations or relevant industry management departments. Its purpose is to give enterprises an honor, but it does not have any legal status and is not recognized by trademark authorities and judicial organs in other countries.

According to the Trademark Law and Decree No.56, well-known trademarks have the right to prohibit others from registering or using their well-known trademarks in a certain range of non-similar trademarks in addition to the exclusive right to use trademarks generated by trademark registration according to law. In the case that well-known trademarks are prominent and well-known, they also have the right to prohibit others from using them as part of the enterprise name.

In modern society, consumers' demand for goods is not only focused on quality and appearance, but also includes taste and fashion, which represents a certain identity and status. Therefore, with the development of science and technology, the expansion of knowledge and information, and the continuous improvement of living standards, trademarks themselves contain huge intangible assets and are indispensable valuable wealth for enterprises.

In recent years, the Trademark Office of the State Administration for Industry and Commerce has played an important role in stopping social criticism of well-known brands. As intangible assets with legal significance, the well-known trademarks of "Furong Wang" and "Baisha" are valuable wealth of Hunan tobacco industry. Workers of Hunan Tobacco, especially those of industrial enterprises, should consciously make use of the intangible assets of China well-known trademarks and China famous brands to actively publicize and protect well-known trademarks. This is of great significance to maintain the stability of Hunan tobacco industry and promote the rapid development of Hunan tobacco.

Differences and connections between famous brand products in China and well-known trademarks in China

With the development of market economy, enterprises gradually realize the extreme importance of implementing famous brand strategy to improve reputation and enhance competitiveness. At present, there are two ways for national authorities to identify famous brands: "China famous brand products" and "China well-known trademarks". There are both connections and differences between them.

Generally speaking, "China famous brand products" must have trademarks with high market awareness. Similarly, the carrier of well-known trademarks-products should also have excellent quality and competitive advantage. Some products, such as Erdos cashmere sweaters, are not only famous brands in China, but also famous trademarks in China. These two honors also have mutual reference value in the process of mutual recognition.

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

1, the legal basis and implementation departments are different. The recognition of well-known trademarks in China is based on the Trademark Law of People's Republic of China (PRC), the Detailed Rules for the Implementation of the Trademark Law and the Provisions of the State Administration for Industry and Commerce on the Recognition and Protection of Well-known Trademarks No.5. A well-known trademark of an enterprise must apply to the Trademark Office of the State Council Administration for Industry and Commerce for recognition and enjoy all the rights of a well-known trademark. The evaluation of famous brand products in China is based on the Product Quality Law of People's Republic of China (PRC), the Outline of Quality Revitalization formulated by the State Council and the Measures for the Administration of Famous Brand Products in China issued by AQSIQ 12. AQSIQ authorized China Famous Brand Strategy Promotion Committee to organize and implement the evaluation of famous brand products in China.

2. Their connotations are different. A well-known trademark refers to a trademark that is widely known to the relevant public and enjoys a high reputation in China. China famous brand products refer to products whose physical quality has reached the international advanced level of similar products, which are in a leading position among domestic similar products, with the highest market share and popularity in the industry, high customer satisfaction and strong market competitiveness. It can be seen that the connotation of well-known trademarks is trademarks, and the connotation of brand-name products is specific products.

3. The objects of the two are different. Well-known trademarks include both registered trademarks of domestic enterprises and trademarks registered by foreign enterprises in China, while the evaluation of brand-name products is limited to the products of China enterprises, and applications for using foreign products outside the country (territory) are not accepted.

4. Their evaluation mechanisms are different. According to the new methods for the identification and deliberation of well-known trademarks issued by the State Administration for Industry and Commerce, well-known trademarks will be changed from an honor of enterprises to a means of legal protection, and will no longer be identified by state organizations in batches. The introduction of this new regulation means that the history of batch evaluation of well-known trademarks has become a thing of the past. The "Measures for the Administration of Famous Brand Products in China" stipulates that the evaluation of famous brand products in China is conducted once a year, and the product catalogue of the evaluation of famous brand products in China is published by the China Famous Brand Strategy Promotion Committee every year. Where the product application is not in the catalogue of the current year, it will not be accepted.

5. The identification conditions of the two are different. The constitutive requirements of a well-known trademark are: the relevant materials of the history and scope of use of the trademark; The publicity and promotion activities, geographical scope, types of publicity media, advertising amount and other related materials of the trademark; Records of the trademark being recognized as a well-known trademark in China or other countries or regions; The output, sales volume, sales revenue, profits and taxes, sales area and other related materials of the goods using the trademark in the past three years. The evaluation of famous brand products in China focuses on: the quality level of physical objects; Market share, export exchange rate, brand awareness, annual sales, realized profits and taxes, profit rate of industrial costs and expenses, and contribution rate of total assets; Enterprise's production technical conditions and technical equipment, technological innovation and product development capabilities; The standard level of product realization; The measurement and testing system, measurement assurance ability and quality management system of the enterprise; The after-sales service system and customer satisfaction of enterprises must be at the forefront of the whole industry.

6. The consequences of the identification are different. Well-known trademarks can be protected more than ordinary trademarks after being recognized. Identifying well-known trademarks is a legal protection means to solve trademark infringement disputes, and the principle of "case identification" and passive protection is adopted. If a product that has obtained a well-known trademark encounters an infringement dispute, the well-known trademark can be taken as a protected record and submitted to the Trademark Office for arbitration. According to the provisions of the Measures for the Identification and Deliberation of Well-known Trademarks, well-known trademarks have no meaning to enterprises without infringement disputes. The evaluation of famous brand products in China is mainly to award an honor to enterprises and is a part of the national reward mechanism.

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

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