The differences are as follows:

1. Different recognition agencies

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, while famous trademarks are recognized by Recognized by the provincial industrial and commercial department.

2. Different identification standards

A well-known trademark must be known to the relevant public across the country, while a famous trademark can only be known to the relevant public in the province or local (city).

3. The scope of protection is different

Article 13, Paragraph 2 of the "Trademark Law" stipulates: A trademark applied for registration on the same or similar goods is copied, imitated or translated by others. Well-known trademarks that have not been registered in China and are likely to cause confusion will not be registered and are prohibited from use;

Article 13, paragraph 3, of the Trademark Law stipulates that if you apply for registration of different or dissimilar goods, If a trademark is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it will not be registered and its use will be prohibited.

The scope and degree of protection for famous trademarks is significantly smaller than that of well-known trademarks.

4. Different publicity functions

The "Trademark Law" clearly stipulates that manufacturers and operators shall not use the words "well-known trademark" on goods, product packaging or containers, or on In advertising, exhibitions and other commercial activities. Recognized famous trademarks can be used on goods and their packaging, decoration, instructions, and business promotions.

5. Different requirements

A well-known trademark may be a registered trademark or an unregistered trademark, while a famous trademark must be a registered trademark.

Extended information:

1. Well-known trademarks

The following factors should be considered in determining well-known trademarks:

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

(2) The duration of use of the trademark;

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

(4) Records that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous.

When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the above factors, but this does not assume that the trademark must meet all the factors stipulated in this article.

2. Famous trademarks

The agency that recognizes famous trademarks is the provincial industrial and commercial administration department. The recognition standards are mainly measured and defined from the following aspects:

(1) The trademark has been registered for three years and has been used in accordance with the law for three consecutive years from the date of registration (high-tech commodity trademarks and private enterprises use The trademark has been registered for one year), and there is no dispute over trademark ownership.

(2) The trademark is widely known to the relevant public in the province and enjoys a high reputation. The advertising in the past three years has a certain degree of continuity and a wide geographical scope, and has been featured in major media in the province. There is a certain amount of advertising investment.

(3) The economic indicators of the goods or services referred to by the trademark in the past three years, including annual sales volume, operating income, net profit, tax and market share among the same industry or similar goods or services in the province in a leading position.

(4) If the sales area of ??the goods referred to by the trademark is mainly within the province, its sales coverage should be at least nine cities and states; if the sales are mainly outside the province, it should be at least There are more than five provinces, municipalities, and autonomous regions; those that focus on exports have an annual export volume of at least US$3 million and have registered trademarks in more than two countries or regions.

(5) The trademark applicant has a good business reputation, the enterprise has a trademark management organization and management system, and there has been no infringement of the exclusive rights of others’ registered trademarks or other serious illegal business activities in the past three years;

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(6) The goods or services referred to by the trademark have excellent quality, high credibility and good market prospects among similar goods or services in the province.

Reference materials:

Baidu Encyclopedia—Famous Trademarks

Baidu Encyclopedia—Famous Trademarks