In the daily application work of China's well-known trademarks, we often encounter questions like this from companies: What benefits can applying and recognizing well-known trademarks bring to companies? In fact, to put it bluntly, the subtext of the company is: Why should our company spend a lot of money to apply for and recognize a well-known Chinese trademark?

1. China’s well-known trademarks can be protected by domestic laws

A well-known trademark is a kind of intangible wealth. Whoever owns a well-known trademark is equivalent to mastering the Midas touch.

In order to effectively protect the interests of well-known trademark rights holders, in accordance with the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Paris Convention for the Protection of Industrial Property, combined with the actual situation of our country, my country’s Trademark Law In this revision, protection for well-known trademarks has been added.

The purpose of identifying China’s well-known trademarks is to resolve conflicts of trademark rights and protect the legitimate rights and interests of well-known trademark owners. After being recognized, Chinese trademarks can enjoy the rights of well-known trademarks stipulated in the Trademark Law of the People's Republic of China.

After a well-known trademark is confirmed, it can receive greater protection than an ordinary trademark. The identification of well-known trademarks is a legal protection method for resolving trademark infringement disputes. It adopts the principles of "case-by-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 regarded as a protected record and submitted to the Trademark Office of the State Administration for Industry and Commerce for arbitration.

Article 13 of the "Trademark Law of the People's Republic of China" stipulates: A trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, which may easily lead to confusion. , will not be registered and prohibited from use.

If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially harmed, Registration is not allowed and use is prohibited.

Article 41, Paragraph 2, of the Trademark Law of the People's Republic of China stipulates: When the owner of a well-known trademark that has been registered in bad faith requests the Trademark Review and Adjudication Board to rule on canceling the registered trademark that has caused losses to him, Not subject to the five-year time limit in this paragraph.

Article 13 of the "Regulations on the Recognition and Protection of Well-known Trademarks" of the State Administration for Industry and Commerce stipulates: If the party believes that others have registered its well-known trademark as a business name, which may deceive the public or cause misunderstanding to the public, it may register with the business name If the competent authority applies to cancel the registration of the enterprise name, the competent authority for enterprise name registration shall handle the matter in accordance with the "Regulations on the Administration of Enterprise Name Registration".

Article 14 of the "Regulations on the Identification and Protection of Well-known Trademarks" of the State Administration for Industry and Commerce stipulates: Industrial and commercial administrative departments at all levels should strengthen the protection of well-known trademarks, and cases suspected of counterfeiting trademark crimes should be promptly transferred to the relevant departments .

Article 2 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Civil Trademark Dispute Cases" stipulates: According to the provisions of Article 13, Paragraph 1, of the Trademark Law, copying, imitation, or translation of trademarks not carried out by others is prohibited. If a well-known trademark registered in China or its main part is used as a trademark on the same or similar goods, which is likely to cause confusion, the person shall bear civil legal liability to stop the infringement.

The meaning of these regulatory provisions is:

1. In addition to the exclusive rights to trademarks arising from trademark registration in accordance with the law, trademarks that are recognized as well-known trademarks in China also have The right to prohibit others from registering or using its well-known trademarks on a certain range of non-similar trademarks.

2. If it has strong distinctiveness and high popularity, a trademark that is recognized as a well-known Chinese trademark has the right to prohibit others from using it as part of a company name.

3. When determining infringement, if the plaintiff is the owner of a well-known trademark, it is very likely that the administrative law enforcement or judicial authorities will determine that the defendant is similar to its trademark.

4. With the vigorous development of the Internet, the protection of well-known trademarks has been extended to this virtual space. In other words, the power of well-known trademarks has been extended to the Internet field, that is, it is absolutely prohibited for others to maliciously seize the domain name rights of well-known trademarks, register them, and use domain names that are the same or similar to others' well-known trademarks.

Specifically, applying for a well-known trademark has the following benefits for trademark protection:

1. Fighting against malicious registration;

2. Fighting against the identity of different goods The impact of (similar) trademarks;

3. It is easier to identify similar trademarks;

4. When filing and investigating criminal cases of counterfeit trademarks, there is no limit on the amount of the case;

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5. Prevent other companies from registering company names with well-known trademarks;

6. Avoid domain name registration problems in e-commerce.

2. China’s well-known trademarks can be protected by foreign laws

The Paris Convention for the Protection of Industrial Rights and the Agreement on Trade-Related Aspects of Intellectual Property Rights signed in 1883 both provide protection for well-known trademarks. Effective and specific provisions have been made for special protection.

Article 6-2, paragraph 1, of the Paris Convention for the Protection of Industrial Property stipulates that if a trademark constitutes a trademark that is deemed by the competent authority of the country of registration or user to belong to a person who enjoys the protection of this Convention, the use of the trademark shall If the counterfeiting, imitation or translation of a trademark that is already well-known in the country on the same or similar goods is likely to cause confusion, the member states of this Union shall refuse or cancel the registration in accordance with the authority permitted by their domestic laws or at the request of the relevant parties, and shall Prohibited use, these provisions also apply to trademarks whose main part is a counterfeit or imitation of another well-known trademark that is likely to cause confusion.

Article 16, paragraph 3, of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization stipulates that Article 6-2 of the 1967 Paris Convention applies in principle to goods or services indicated by registered trademarks As long as the trademark is used on dissimilar goods or services, it will imply that there is some connection between the goods or services and the owner of the registered trademark, which may damage the interests of the owner of the registered trademark. .

Our country is a member of the "Paris Convention for the Protection of Industrial Property" and has joined the World Trade Organization, fulfilling the provisions of the "Paris Convention for the Protection of Industrial Property" and the "Trade-Related Aspects of Intellectual Property Rights" and protecting member states. Well-known trademarks registered or unregistered in my country are the obligations of my country.

Monopoly rights that transcend geographical scope, this refers to the exclusive rights of well-known trademarks. It is not a trademark exclusive right in the general legal sense, but transcends the scope of the country and is used in countries around the world (at least nearly 200 Paris Convention member states) have to protect the monopoly rights. That is to say, when a trademark has been recognized as a well-known trademark by the trademark authority in the country of registration or use, if another trademark constitutes an imitation of the well-known trademark and is used on the same or similar goods, it should be rejected. or cancel its registration and prohibit its use.

These provisions also apply to trademarks whose main part is counterfeit, counterfeit or imitates another well-known trademark that is likely to cause confusion. This can be called "relative protectionism" and has been adopted by various countries in the civil law system. Many countries with common law systems adopt "absolute protectionism", that is, the owner of a well-known trademark not only has the right to prohibit anyone else from using its well-known trademark on similar or similar goods, but also has the right to prohibit the use of its well-known trademark on all other goods. Its well-known trademark.

With my country's accession to the WTO and the progress of international intellectual property protection cooperation, the recognition of China's well-known trademarks has also been recognized by the trademark authorities and judicial authorities of other countries, making China's well-known trademarks more important in solving international disputes. Played an important role in the process of trademark rights disputes.

3. China’s well-known trademarks are the representatives of corporate image

China’s well-known trademarks are the economic business cards of an enterprise, a city, or even a region.

A well-known trademark is not only an intellectual achievement, but also a symbol of corporate culture. It is a representative of the glorious image of the company. Practice has proved that the higher the reputation of a trademark, the higher its gold content. A well-known trademark can not only double the value of designated goods, but also benefit other products of the company, improve the company's external attractiveness, and then double the overall value of the company.

The ownership of well-known trademarks is a yardstick for measuring the degree of economic development of a region. Whoever owns more well-known trademarks means that he has huge financial resources.

Several coastal provinces such as Guangdong, Zhejiang, Shandong, Jiangsu, and Fujian have some of the highest numbers of well-known Chinese trademarks in the country due to their developed economies.

In today's increasingly fierce market competition, the role of well-known trademarks is increasing day by day. For consumers, well-known trademarks mean excellent product quality and high corporate reputation; for well-known trademark owners, well-known trademarks are valuable wealth, which means extensive market share and extraordinary entrepreneurial ability. In modern society, consumers' demand for goods no longer only focuses on quality and appearance, but also on taste and fashion, which represent a certain identity and status. Therefore, as science and technology become increasingly developed, knowledge and information continue to expand, and living standards continue to improve, trademarks themselves contain huge intangible assets and are indispensable and valuable assets for enterprises.

A well-known trademark can convey to buyers a large amount of information about the goods or services it represents: excellent quality, long-term stability of quality, adaptability to buyers’ consumption habits and psychological enjoyment. Satisfaction and so on. This information that has been tested by the market for a long time not only simplifies the buying behavior of buyers, but also simplifies the selling behavior of sellers. In other words, buyers do not need to understand the above-mentioned information one by one when purchasing, but only need to identify the trademark. This is the so-called "purchasing with a brand" based on trust; sellers do not need to be tired of it. Instead of promoting the above information in detail, you only need to repeat your trademark through advertising and other media during the sales process.

Therefore, it can be said that well-known trademarks have become a stable link between successive buyers and sellers.

4. Theoretically, the legal effects of judicial recognition and administrative recognition of China’s well-known trademarks are the same. After recognition, they will receive special protection and advertising. However, there are still 5 important differences:

1) The two certification agencies are different.

The administrative identification of well-known trademarks in China is uniformly determined by the Trademark Office of the State Administration for Industry and Commerce or the Trademark Review and Adjudication Board. The judicial recognition of well-known trademarks in China is determined by the court hearing the case. That is to say, the first instance of trademark civil disputes is under the jurisdiction of the intermediate people's court or above, and any court with jurisdiction over disputed trademark cases can determine it.

2) The relief channels after identification are different.

There are currently no clear regulations on whether an administrative determination of a well-known trademark can be subject to review or administrative litigation.

If you are dissatisfied with the specific administrative actions regarding trademarks made by the industrial and commercial department (such as administrative penalty decisions, etc.) or the decision or ruling of the Trademark Review and Adjudication Board, you can file an administrative lawsuit.

For the judicial determination of well-known trademarks, if the parties are dissatisfied with the result of the first-instance court’s determination of well-known trademarks, the parties can appeal to the higher court and re-examine the fact of whether the disputed trademark is well-known in the second instance. identified. If you are still dissatisfied with the determination result of the second instance, you can theoretically request re-identification through the trial supervision procedure.

3) There is a huge difference in influence between the two after they are recognized.

China's well-known trademarks recognized through administrative channels are recognized by the Trademark Office of the State Administration for Industry and Commerce or the Trademark Review and Adjudication Board. They will be announced uniformly in the name of the State Administration for Industry and Commerce and will enter the national industrial and commercial network system. Therefore, It has strong authority in the national industrial and commercial administrative system. Industrial and commercial administrative departments at all levels across the country will strengthen protection according to the special protection requirements for well-known trademarks, and will not allow other companies and individuals to register well-known trademarks as company names.

Well-known trademarks recognized through individual court cases are only recognized by a specific court (intermediate or high court) hearing the case and will not be announced nationwide. In contrast, this recognition is not publicized nationwide. The court system may determine that the local industrial and commercial department of the court will have higher authority, but the actual effectiveness in other industrial and commercial administrative departments across the country is still uncertain. Since there is no national announcement, the local industrial and commercial bureau may not know that the trademark has been recognized as a well-known trademark by the court. Therefore, when the trademark holding company marks the product as a well-known trademark, the local industrial and commercial bureau is likely to investigate and deal with it as a counterfeit.

Of course, after investigation and punishment, the relevant company can appeal with the court judgment.

4) The two regulations on re-examination or recognition of well-known trademarks are different.

As far as the court is concerned, if a party requests protection for a well-known trademark that has been recognized by the administrative authority or the People's Court, and the other party has no objection to the well-known trademark involved, the People's Court will no longer review it. If an objection is raised, the People's Court will conduct a re-examination in accordance with Article 14 of the Trademark Law.

For the industrial and commercial department, for a trademark that has been recognized as a well-known trademark, if the case accepted has basically the same scope of protection as a case that has been protected as a well-known trademark, and the other party is well-known for the trademark If there is no objection, or although there is an objection, no evidence can be provided to prove that the trademark is not well-known, the industrial and commercial administrative department that accepts the case may make a ruling or handle the case based on the conclusion of the protection record.

If the scope of protection of the case accepted is different from that of a case that has been protected as a well-known trademark, or if the other party objects to the trademark being well-known and provides evidence that the trademark is not well-known, the case shall be handled by The Trademark Office or the Trademark Review and Adjudication Board will re-examine the well-known trademark materials and make a determination.

5) The reward standards of some local governments are different.

Some provincial and municipal governments do not reward judicially recognized well-known trademarks, or the reward amount is only half of that of administratively recognized well-known trademarks in China.

In addition, what is judicially determined is generally expressed in the judgment as “the fact that such-and-such registration number is a well-known trademark”, but administrative determination is generally expressed in the announcement as “the fact that such-and-such registration number is a well-known trademark” A certain trademark is a well-known trademark in China."