Well-known marks of China refer to trademarks that have been recognized as "well-known marks" by the competent authorities (Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the People's Court) in accordance with legal procedures.
Well-known trademarks not only have the distinguishing effect of general trademarks, but also have strong competitiveness. They are well-known and have a wide range of influence. They have been well-known and trusted by consumers and operators, and have relevant commercial value. According to legal provisions, well-known trademarks are not protected by all categories. It can only be said that they can obtain different levels of cross-class protection. That is to say, different levels of cross-class protection can be obtained according to the degree of fame of the well-known trademark. For example, Haier, because it is very well-known, the industrial and commercial authorities cover almost all categories when it comes to cross-class protection. However, some well-known trademarks that are not very well-known will not be protected in some categories that will not mislead the public. For example, although a certain brand lighter is not very well-known, although it is a well-known trademark, others cannot be prohibited from calling it a certain brand car.
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. Its creation has gone through strict legal procedures and is recognized by judicial authorities or administrative departments in accordance with the law. Its purpose is to resolve trademark rights conflicts and 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. effect. 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 through the evaluation of civil society or relevant industry management departments. Its purpose is to confer an honor to enterprises without any The legal status is not recognized by the trademark authorities and judicial authorities of other countries.
The difference between well-known trademarks and Chinese famous trademarks
Chinese famous trademarks are not legal concepts, so they do not have any recognition standards and conditions. If a company claims to be a famous Chinese trademark, there is no problem other than false propaganda. Well-known trademarks are clearly stipulated by law and have certain recognition conditions and procedures.
Generally, the name of a famous trademark refers to a provincial famous trademark recognized by the provincial industrial and commercial bureau, which means that it has the same legal effect as a Chinese well-known trademark in the province.
The recognition of well-known trademarks is currently divided into two types: administrative recognition and judicial recognition. Administrative recognition is recognized by the State Administration for Industry and Commerce; judicial recognition is recognized by the people's courts above the intermediate level.