Because the country officially implemented the newly revised "Trademark Law" on May 1, 2014, the new "Trademark Law" stipulates that manufacturers and operators are not allowed to use the words "well-known trademarks" on goods and product packaging. Or on containers, or used in advertising, exhibitions and other commercial activities.

"Well-known trademarks" are also known as well-known trademarks. They first appeared in the Paris Convention for the Protection of Industrial Property signed in 1883 (hereinafter referred to as the "Paris Convention"). my country joined the Convention in 1984 and became its 95th member state. Like other member states that have joined the Paris Convention, special legal protection for well-known trademarks in accordance with the provisions of the Convention has become an important part of my country's trademark legal work.

However, I don’t know when the “nationally well-known trademark” has been mistakenly used by many companies as a bonus point for market influence and a selling point when promoting products. Many companies believe that "well-known trademarks" are a good form of "advertisement." The mentality of treating well-known trademarks as honorary titles has gradually spread to stores. When everyone wants to squeeze into a certain store, brands with well-known trademarks seem to be easier to enter.

In fact, the original intention of establishing a well-known trademark is a form of legal protection for well-known brands, and its purpose is to combat infringement. If an enterprise uses a well-known trademark as a promotional point, it can be said that it violates the role of a well-known trademark. This phenomenon seems to be "putting the cart before the horse". "Having a well-known trademark does not mean that all products are guaranteed to meet the standards and qualifications."

Extended information

"Trademark Law of the People's Republic of China"

< p>Article 14 Well-known trademarks shall be identified as facts that need to be identified in handling trademark cases at the request of the parties. The following factors should be considered in determining a well-known trademark:

(1) The degree of awareness of the trademark by the relevant public;

(2) The duration of use of the trademark;

(3) The duration, extent and geographical scope of any publicity work for the trademark;

(4) The record of the trademark being protected as a well-known trademark;

(5) The Other factors that make a trademark famous.

During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may, based on the needs of reviewing and handling the case, make a well-known trademark The situation is determined.

During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.

During the trial of trademark civil or administrative cases, if a party claims rights in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case. .

Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.

Article 53 Anyone who violates the provisions of paragraph 5 of Article 14 of this Law shall be ordered to make corrections by the local industrial and commercial administrative department and shall be fined 100,000 yuan.

People's Daily Online--Well-known trademarks are banned, stores and merchants should change their "pretends" early