As we all know, trademark right refers to the qualification or ability of a civil right subject to own, use, benefit and dispose of a particular trademark. Trademark right has the characteristics of exclusiveness, regionality and timeliness, and its basic manifestations can be divided into three categories: unregistered trademark right, registered trademark right and well-known trademark right. Among them, compared with ordinary trademarks, well-known trademarks have the characteristics of high popularity, high market share, good reputation, wide influence, high certainty of rights and special protection by law. The only law in China that specifically manages well-known trademarks is the Interim Provisions on the Recognition and Management of Well-known Trademarks promulgated by the State Administration for Industry and Commerce1August 4, 1996 and revised on February 3, 1998. According to this regulation, the so-called well-known trademark refers to a registered trademark that enjoys a high reputation in the market and is well known to the relevant public. The Trademark Office of the State Administration for Industry and Commerce is responsible for its identification and management. No other organization or individual may identify or identify well-known trademarks in other disguised forms.

According to the Paris Convention for the Protection of Industrial Property and the TRIPS Agreement, when identifying well-known trademarks, there are generally the following important general measurement indicators:

(1) potential consumers of goods or services using the trademark;

(2) the trading channels of goods or services using the trademark;

(3) the time, degree and geographical scope of the use of the trademark;

(four) the market share of the goods or services using the trademark in the region and its field that claim to enjoy the protection of well-known trademarks.

In China, the State Administration for Industry and Commerce has also provided a set of identification indicators for trademarks that enjoy a high reputation and are well known to the public, including:

(1) the sales volume and sales area of the goods using the trademark in China;

(two) the main economic indicators (annual output, sales, profit, market share) of the goods using the trademark in the past three years and their ranking in the same industry in China;

(three) the sales volume and sales area of the goods using the trademark in foreign countries or regions;

(4) Trademark advertisements;

(five) the earliest use and continuous use time of the trademark;

(six) the registration of the trademark in China and foreign countries or regions;

(7) Other documents proving that the trademark is well-known.

In addition, in the revised draft of the Trademark Law submitted to the Ninth the National People's Congress Standing Committee (NPCSC) for deliberation, the basic standards for the legal recognition of well-known trademarks were clearly put forward, and the following provisions were put forward: the following factors should be considered in the recognition of well-known trademarks: the awareness of the relevant public to the trademark; The term of use of the trademark; The duration, degree and geographical scope of any publicity work of the trademark; The record that the trademark is protected as a well-known trademark; Other factors that make a trademark famous. ?

Comparatively speaking, the identification index of well-known trademarks in China is more specific and microscopic than the Paris Convention for the Protection of Industrial Property and the TRIPS Agreement, and the threshold is relatively high, which shows that China has reached the international standard in the identification of well-known trademarks. Of course, this index system also has some defects. From the operability point of view, the system only sets evaluation indicators and does not establish evaluation standards. According to a certain index, there is no specific measurement method, and there is no clear quantitative content, which is bound to leave a lot of room for the arbitrariness of well-known trademark identification, reflecting that the transparency of the administrative act of well-known trademark identification is still poor. Of course, the biggest feature of this management method is not to establish an evaluation index system, but to make it mandatory, which can also be said to be the basic premise for identifying well-known trademarks. That is, if it is not recognized by the State Administration for Industry and Commerce according to this evaluation index system, it cannot be recognized as a well-known trademark, and it cannot be protected as a well-known trademark, because once it is recognized as a well-known trademark, its subsequent protection scope and protection intensity will be much greater than that of ordinary trademarks.

well-known trademark