First, the identification subject is different.
Well-known trademarks in China are recognized by the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board; According to the judicial interpretation of the Supreme People's Court, the people's court can determine whether a trademark is well-known. China brand evaluation agency is China famous brand strategy promotion committee, which is supervised and managed by AQSIQ. The "Famous Brand Promotion Committee" is a non-permanent organization, and the China Federation of Industrial Economics is responsible for its daily work.
Second, the criteria for identification are different.
According to the provisions of Article 14 of the Trademark Law, the following five factors should be considered when identifying well-known trademarks: 1. The degree of awareness of the trademark by the relevant public; 2. The term of use of the trademark; 3. The duration, procedures and geographical scope of any publicity work of the trademark; 4. The record that the trademark is protected as a well-known trademark; 5. Other factors that make the trademark famous.
According to the Measures for the Administration of Famous Brand Products in China, the requirements for famous brands in China are: 1. Comply with relevant national laws, regulations and industrial policies; 2. The physical quality is in the leading position in China among similar products, reaching the international advanced level; Market share, export exchange rate and brand awareness rank among the top domestic similar products; 3. Annual sales, realized profits and taxes, profit rate of industrial costs and expenses, and contribution rate of total assets rank among the top in the industry; 4 enterprises have advanced production technical conditions and equipment, technological innovation and product development capabilities in the forefront of the industry; 5. Adopt international standards or advanced foreign standards to produce products; 6. The enterprise has a perfect measurement and testing system and measurement guarantee ability; 7. The quality management system is sound and effective, and there are no major quality accidents; 8. The enterprise has a perfect after-sales service system and high customer satisfaction.
It can be seen that the recognition standard of well-known trademarks in China focuses on market recognition, while the evaluation of famous brands in China focuses on production scale and technical conditions.
Third, identification and protection policies are different.
The identification of well-known trademarks in China is for the need of protection, only for individual cases; China famous brands are positively evaluated and protected in batches.
Fourth, the degree of international recognition is different.
Well-known trademark is a concept recognized by laws all over the world; At present, there is no government-authorized organization in any other country except China to select national famous brand products.
Five, that the legal basis is different.
Well-known trademarks in China are recognized according to the Trademark Law and its implementing regulations. The Measures for the Administration of Famous Brand Products in China issued by the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) is the departmental regulation that regulates the evaluation of famous brands in China at present.
Sixth, the identification procedures are different.
Well-known trademarks recognized by the Trademark Office and the Trademark Review and Adjudication Board follow the administrative adjudication procedure, while those recognized by the people's courts follow the civil trial procedure. The recognition by the Trademark Office and the Trademark Review and Adjudication Board is not final, so it is still subject to judicial supervision. The preliminary examination and recommendation of famous brands in China are checked by the quality inspection bureaus of all provinces, autonomous regions and municipalities, and the final primary election, soliciting opinions and publication are conducted by the "Famous and Excellent Selection Committee" under the guidance of the General Administration of Quality Supervision, Inspection and Quarantine, and the evaluation results are not subject to judicial supervision.
However, in the field of consumption, consumers often do not care about the emergence, origin and legal status of well-known trademarks and famous brands in China. Under the guidance of media advertisements, they usually believe in famous brands when buying goods, but don't look at them carefully, which is essentially a misunderstanding of consumption. The main reasons that lead consumers to fall into this misunderstanding are as follows: first, "well-known trademark" is a legal term, far away from popular culture, while "China well-known trademark" is a spoken language, which is easy to understand and spread; Second, there are many famous brands and too many advertisements in China. The identification and protection of well-known trademarks in China has been going on for more than ten years, and more than 400 pieces have been identified so far, while China famous brands have launched nearly 600 products in four years.
Strengthening consumers' understanding of well-known trademarks and correcting the brand awareness of production enterprises are problems that cannot be ignored in the supervision of market economy. The author suggests:
First of all, improve the brand strategy, cancel the selection of famous brands in China, and establish the consciousness that well-known trademarks are famous brands in the economic field. The selection process of famous brands in China is suspected of violating the Administrative Licensing Law, and some legal experts question its legality. Only by establishing the authority of well-known trademarks can domestic enterprises take fewer detours in the process of brand creation and better integrate with the international community.
Secondly, unify the standards and cancel the identification of provincial famous trademarks and the selection of famous brands below the provincial level.
Third, increase the publicity of well-known trademarks. Local industrial and commercial authorities at all levels should widely popularize the knowledge of well-known trademarks among consumers and advocate brand recognition, shopping and rational consumption.