What are the advantages of identifying well-known trademarks?
Well-known trademark is a trademark type officially recognized by the Trademark Office of the State Administration for Industry and Commerce of China according to the application of enterprises. It is widely known to the public and enjoys a high reputation in China. The protection of well-known trademarks is not limited to the same or similar goods or services, and different or similar goods will not be registered or used, so well-known trademarks are given extensive exclusive rights. And then what? A well-known trademark? The company name and website domain name of the holding company will be specially protected by law, which is different from ordinary trademarks. Apply for the recognition of well-known trademarks and the benefits of owning well-known trademarks;
1, against malicious cybersquatting;
2. Deal with the influence of the same (similar) trademark of different commodities;
3. It is easier to identify similar trademarks;
4, in the investigation of counterfeit trademark crime cases, not limited by the amount of filing;
5. Prevent other companies from registering well-known trademarks as company names;
6. Avoid registering domain names in e-commerce.
How to identify well-known trademarks
1, approved by the Trademark Office of the State Administration for Industry and Commerce.
Where it is necessary to apply for the recognition of a well-known trademark, relevant materials shall be submitted through the local administration for industry and commerce of the province, autonomous region or municipality directly under the Central Government (hereinafter referred to as the provincial administration for industry and commerce), and the provincial administration for industry and commerce shall promptly mail the relevant application materials after preliminary examination and signing opinions to the Trademark Office of the State Administration for Industry and Commerce. Finally, the Trademark Office of the State Administration for Industry and Commerce determines whether the trademark is well-known.
When there is a dispute in the process of trademark registration, if the parties think that their trademark constitutes a well-known trademark, they may also request the Trademark Office to determine that their trademark is well-known, and at this time, they shall submit evidence that their trademark constitutes a well-known trademark.
2. Pass the Trademark Review and Adjudication Board.
In accordance with the Trademark Law and the provisions of the Trademark Law, when a dispute arises in the process of trademark review, if the parties consider that their trademark constitutes a well-known trademark, they may request the Trademark Review and Adjudication Board to identify the well-known trademark. At this point, the parties shall submit evidence that their trademarks constitute well-known trademarks according to law.
3, the people's court identified.
In the trial of trademark disputes, the people's court may, according to the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known according to law.
Note: Materials required for applying for registration of well-known trademarks.
1. Relevant materials proving the public's knowledge of the trademark;
2. Relevant materials proving the service life of the trademark, including the history and scope of the use and registration of the trademark;
3. Relevant materials to prove the duration, degree and geographical scope of any publicity work of the trademark, including the way of advertising and promotion activities, geographical scope, type of publicity media, advertising volume and other relevant materials;
4. Relevant materials that prove that the trademark is protected as a well-known trademark, including relevant materials that the trademark is protected as a well-known trademark in China or other countries and regions;
5. Other evidential materials to prove that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, sales area and other related materials of the main commodities that used the trademark in recent three years.
Matters needing attention in identifying well-known trademarks
Paragraph 2 of Article 13 of the Trademark Law of People's Republic of China (PRC) stipulates that a trademark applied for registration on different or similar goods is a well-known trademark registered in China by others through copying, imitation and translation, which misleads the public and may harm the interests of the registrant of the well-known trademark, so it shall not be registered and prohibited from being used. Paragraph 2 of Article 41 of this Law stipulates that when the owner of a well-known trademark registered in bad faith requests the Trademark Review and Adjudication Board to make a ruling to revoke the registered trademark that caused him losses, it is not subject to the five-year time limit stipulated in this paragraph. The well-known degree of a trademark directly affects the economic benefits of its goods or services. In order to protect enterprises and economy, government departments at all levels and administrative departments for industry and commerce will inevitably increase the protection of well-known trademarks, and at the same time increase legislative and judicial protection measures. Ensure the market development of well-known trademarks. Article 14 of Order No.5 of the Provisions of the State Administration for Industry and Commerce of the People's Republic of China on the Recognition and Protection of Well-known Trademarks stipulates that industrial and commercial administrative departments at all levels shall strengthen the protection of well-known trademarks, and cases suspected of counterfeiting trademarks shall be promptly transferred to relevant departments.
The trial practice of people's courts on the identification of well-known trademarks is still in its infancy, and some people's courts have not even tried such cases, so the overall trial experience is relatively lacking; The specific legal provisions on the identification of well-known trademarks are relatively principled and not operable, which is easy to produce different understandings; Some trademark owners also try to turn their unknown trademarks into well-known trademarks through litigation as a means to improperly expand brand awareness and crack down on crowding out real or potential competitors? Shortcut? . Therefore, the people's court should exercise its judicial power to identify well-known trademarks carefully, so as to avoid negative social impact caused by erroneous identification or unnecessary identification, especially to avoid affecting the actual rights and interests of third parties outside the case and causing unnecessary rights conflicts.
The difference between well-known trademark protection and ordinary trademark protection
Generally speaking,? China famous brand products? There must be a well-known trademark in the market. Similarly, the carrier products of well-known trademarks must 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. Well-known trademarks in China are recognized according to the Trademark Law of People's Republic of China (PRC)? Detailed rules for the implementation of trademark law? As well as the No.5 Regulation of the State Administration for Industry and Commerce on the Recognition and Protection of Well-known Trademarks, an enterprise's well-known trademark must apply to the Trademark Office of the State Council Administration for Industry and Commerce before it can become a well-known trademark 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. It is considered that well-known trademarks are a legal protection means to solve trademark infringement disputes. What does it pass through? Case identification? And passive protection. 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.
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