Well-known trademarks Well-known trademarks Well-known trademarks refer to trademarks that are widely known to the relevant public and enjoy a high reputation in China. Well-known trademarks not only have the characteristics of distinctiveness and visibility, but also have the characteristics of strong competitiveness, high popularity, good credibility and wide influence. Well-known trademarks are not only an intellectual property right for trademark owners, but also an important property right. International conventions, such as the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-related Intellectual Property Rights, have not defined the standards for the identification of well-known trademarks in any form, and the specific standards are generally determined independently by the member States of the conventions. When we identify a well-known trademark in China, we mainly examine five factors: first, we should look at the awareness of the trademark by the relevant public; The second is to look at the duration of the use of the trademark; The third is to look at the duration, degree and geographical scope of any publicity of the trademark; The fourth is to look at the record that the trademark is protected as a well-known trademark; Fifth, other factors. Of course, when determining whether a trademark is a well-known trademark, it is not required to meet the above five conditions at the same time. In order to prevent and reduce the infringement of the exclusive right to use well-known trademarks, China's current Trademark Law cites the relevant provisions of the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-related Intellectual Property Rights, and strengthens the protection of well-known trademarks from two aspects: First, it stipulates the protection of well-known trademarks that are not registered in China, that is, trademarks that apply for registration of the same or similar goods are well-known trademarks that are copied, imitated or translated by others that are not registered in China, which may easily lead to confusion. Second, it provides for the protection of well-known trademarks that have been registered in China, that is, a trademark that applies for registration of different or similar goods is a well-known trademark that has been registered in China by others, misleading the public and causing the interests of the registrant of the well-known trademark to be damaged, so it will not be registered and prohibited from being used. Famous Trademark The so-called famous trademark refers to a registered trademark with high market reputation and commercial value, which is well known to the relevant public and recognized according to law. The recognition institution of famous trademarks is the provincial administrative department for industry and commerce. The recognition standard is mainly measured and defined from the following aspects: first, the trademark has been used continuously for three years since the date of approval and registration; Second, the goods using the trademark have excellent quality and after-sales service in similar products in the province or in China, and have high visibility and good market reputation among the relevant public; Third, the main economic indicators such as the annual output, sales, profit and market share of the goods using the trademark are among the best in the same industry in the province or similar products in China; Fourth, the trademark registrant has sound trademark use, protection and management measures. Since the date when a famous trademark is recognized, if others use the same or similar words as part of the enterprise name, which may cause public misunderstanding, the administrative department for industry and commerce shall not approve the registration; Where a trademark has been registered, the registrant of a famous trademark may, within two years from the date when he knows or should know, request the industrial and commercial authorities to cancel it. Well-known trademarks A well-known trademark generally refers to a registered trademark owned by the trademark owner within the local (city) scope, which enjoys a high reputation in the market and is well known to the relevant public. The local (city) Administration for Industry and Commerce is responsible for the identification and management of local (city) well-known trademarks. There are different standards for the identification of well-known trademarks in different places, but the following aspects should generally be considered: First, the trademark is a domestic valid registered trademark owned by enterprises, institutions, social organizations and individual industrial and commercial households established according to law within the local (city) scope; Second, the product coverage and market share of the trademark are among the highest in the local industry; Third, the comprehensive benefit of the enterprise is good, and the main economic indicators (sales, profits and taxes, etc.) of the goods using the trademark in the past two years are leading in the local industry; Fourth, pay attention to the advertising of trademarks, which has a high reputation among the relevant public; Fifth, the quality of goods using the trademark is stable and reliable, and the consumer complaint rate is low; Sixth, there has been no illegal business operation in the past three years. Since the date of recognition of a well-known trademark, if others use the same or similar words as the name of an enterprise that produces the same or similar products, which may cause public misunderstanding, the administrative department for industry and commerce shall not approve the registration; Other business operators are not allowed to use the unique names, packages or similar names of goods recognized as well-known trademarks without authorization. Similarities and differences among them Well-known trademarks, well-known trademarks and well-known trademarks are "famous trademarks". There are many similarities and significant differences among them, which are mainly reflected in the following aspects: First, the recognition institutions are different: well-known trademarks are recognized by the Trademark Office of the State Administration for Industry and Commerce or the people's court according to judicial procedures, well-known trademarks are recognized by provincial industrial and commercial departments, and well-known trademarks are generally recognized by local (city) industrial and commercial departments. Second, the recognition criteria are different: well-known trademarks must be known to the relevant public in the country, while well-known trademarks and well-known trademarks must at least be known to the relevant public in this province or local (city). Third, the requirements for trademark registration are different: well-known trademarks may be registered or unregistered, while well-known trademarks and well-known trademarks must be registered. At the same time, the three can also be transformed into each other, because the reputation and popularity of each trademark are constantly changing with the passage of time or the change of trademark users' usage. Well-known trademarks and famous trademarks can gradually evolve into well-known trademarks, and well-known trademarks may also fade into well-known trademarks or even ordinary trademarks.