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The difference between a well-known trademark and a famous trademark

Legal analysis: First, the recognition agencies 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, while famous trademarks are recognized by the industrial and commercial departments. Second, the recognition standards are different. Well-known trademarks must reach the level of awareness of the relevant public across the country, while famous trademarks only need to meet the level of awareness of the relevant public in the province or local area. 3. The scope of protection is different. Well-known trademarks can not only receive varying degrees of cross-category protection, but also receive protection from the Trademark Office and judicial departments depending on the identification department. The scope and degree of protection for famous trademarks is significantly smaller than that of well-known trademarks. 4. The role of publicity is different.

Legal basis: "Trademark Law of the People's Republic of China"

Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks and collective trademarks Trademarks and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality. Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.

Article 14 Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. The following factors should be considered when 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) ) Records that the trademark is protected as a well-known trademark; (5) Other factors that make the 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 determine the well-known status of the trademark based on the needs of reviewing and handling the case. 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 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 are not allowed to use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.

Article 2 of the "Regulations on the Recognition and Protection of Well-Known Trademarks" A well-known trademark is a trademark that is well known to the relevant public in China. The relevant public includes consumers related to the certain type of goods or services marked by the trademark, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in the distribution channels.