What's the difference between a famous trademark and a well-known trademark? So many things related to "famous trademark" and "well-known trademark" have been said before, just to let everyone quickly distinguish the difference between them. 1. The accreditation bodies 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 well-known trademarks are recognized by the provincial industrial and commercial departments. 2. The identification criteria are different. Well-known trademarks must be known to the relevant public in the whole country, while well-known trademarks can meet the relevant public knowledge in this province or local (city). 3. The scope of protection is different. Well-known trademarks can not only get cross-category protection in different degrees, but also be protected by trademark offices and judicial departments according to different departments. The scope and degree of protection of well-known trademarks are obviously smaller than those of well-known trademarks. 4. The propaganda function is different. The Trademark Law clearly stipulates that producers and operators shall not use the words "well-known trademarks" on commodities, commodity packages or containers, or in advertising, exhibitions and other commercial activities. The recognized famous trademarks can be used in commodities and their packaging, decoration, manuals, business letters and business publicity. I. Concept Analysis and Advantages of "Famous Trademark" The so-called famous trademark refers to a registered trademark with high market reputation and commercial value, which is well known to the relevant public and recognized according to law. Well-known trademarks have a high reputation in a certain geographical range, and their recognition institutions are provincial administrative departments for industry and commerce. The recognized famous trademark can be used in commodities and their packaging, decoration, instructions, business letters and business publicity, and the goods it refers to will be regarded as well-known commodities. No one may use a famous trademark or its approximate trademark in the name, packaging or decoration of goods; Nor shall it use the name, packaging or decoration unique to or similar to famous commodities. The use of trademark elements identical or similar to well-known trademarks on goods different or similar to well-known commodities may cause misidentification by the relevant public, and will be stopped by the administrative department for industry and commerce. The administrative department for industry and commerce shall not register any words that are the same as or similar to a famous trademark if they are used as the enterprise name and font size, which will damage the rights and interests of the famous trademark. Of course, unless the enterprise name and font size are registered first. Famous trademarks will get more protection and it will be easier to defend their rights. The Anti-Unfair Competition Law clearly points out that it is forbidden for others to use the unique name, packaging and decoration of famous trademarks without authorization. In the daily market inspection, the administrative authorities for industry and commerce often focus on famous trademarks and carry out special law enforcement activities. Famous trademarks are also beneficial to expand the social visibility and influence of enterprises, help enterprises to obtain more profits, and are an important driving force for enterprises to formulate and implement trademark development strategies. II. Concept Analysis and Protection Measures of "Well-known Trademark" Well-known trademark is a trademark type officially recognized by the Trademark Office of the State Administration for Industry and Commerce of China, which is widely known to the public and enjoys a high reputation in China. 1, the special protection of well-known trademarks. Ordinary trademarks can only be protected by law in the categories of goods or services approved for registration, while well-known trademarks can be protected in different degrees across categories; Well-known trademarks can resist malicious cybersquatting by others, and other companies may not register well-known trademarks as domain names or company names. 2. Cross-category protection of well-known trademarks. Well-known trademarks can obtain different levels of cross-category protection according to their well-known degree. In practice, well-known trademarks recognized by the State Administration for Industry and Commerce are uniformly filed and announced in the State Administration for Industry and Commerce. Even if someone applies for a trademark that is the same as or similar to a well-known trademark on different or similar goods, the industrial and commercial bureau will generally take the initiative to refuse to approve the registration. Well-known trademarks recognized by the judiciary will not be actively protected by the industrial and commercial bureau, but only when the infringement occurs, their owners will bring a lawsuit to the court to protect their rights. 3. Judicial protection of well-known trademarks. Paragraph 2 of Article 13 of the Trademark Law stipulates that a trademark applied for registration of the same or similar goods is a well-known trademark that is copied, imitated or translated by others, which may easily lead to confusion, and shall not be registered and prohibited from being used; Paragraph 3 of Article 13 of the Trademark Law stipulates that a trademark that is applied for registration of different or similar goods is a well-known trademark that has been registered in China by others, which misleads the public and may damage the interests of the registrant of the well-known trademark, so it shall not be registered and its use shall be prohibited. If a trademark can be transformed into a "well-known trademark", the market effect is absolutely as obvious as adding special effects. Legal objectivity:
What is the difference between a well-known trademark and a well-known trademark 1. The so-called well-known trademark refers to a registered trademark with high market reputation and commercial value, which is well known to the relevant public and recognized according to law. Since the date when a famous trademark is recognized, if others use words identical or similar to the famous trademark as part of the enterprise name, which may cause public misunderstanding, the administrative department for industry and commerce shall not approve the registration of the enterprise name; If it has been registered, the registrant of a famous trademark may, within two years from the date when he knows or should know, request the industrial and commercial authorities to revoke the name of the enterprise. The product quality should be double-excellent, and the company's quality, environment and safety management should meet international standards and be certified and recognized by national authorities. 2. Well-knownTrademarK, also known as well-known trademark, first appeared in the Paris Convention for the Protection of Industrial Property signed in 1883 (hereinafter referred to as the Paris Convention). China joined the Convention in 1984 and became its 95th member. Like other member countries that have joined the Paris Convention, it has become an important part of China's trademark legal system to give special legal protection to well-known trademarks according to the provisions of the Convention. Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes stipulates: "In accordance with the provisions of the first paragraph of Article 13 of the Trademark Law, anyone who copies, imitates or translates a well-known trademark or its main part that is not registered in China and is used as a trademark on the same or similar goods, which may easily lead to confusion, shall bear civil legal liability for stopping the infringement." Second, about well-known trademarks and well-known trademarks 1. Well-known trademarks are distinguished by countries. There are well-known trademarks in China but no local well-known trademarks in provinces and cities; Theoretically, the well-known trademarks of other countries are also protected in the same industry in China, and the well-known trademarks of China can be protected across industries in China, but they are not ignored. 2. Famous trademarks are distinguished by provinces and cities, including provincial famous trademarks and municipal famous trademarks. Third, the identification agencies are different. 1. The identification of well-known trademarks is mainly in two ways: the Trademark Office of the State Administration for Industry and Commerce and the people's court; 2, provincial and municipal famous trademarks recognized by the provincial and municipal industrial and commercial bureau; 3. China famous brand is recognized by the State Bureau of Quality Supervision, and provincial famous brand is recognized by the Provincial Bureau of Quality Supervision. Fourth, the functions are different. 1. Trademarks distinguish the sources of goods or services, and provincial and municipal famous trademarks are exclusive in the pre-registration of newly established enterprise names in the corresponding regions; 2, China famous brand focuses on its excellent quality, generally with the promotion of its trademark, but does not have the exclusiveness of enterprise name registration. 3, the provincial famous brand is an honor of the evaluation of the province, other provinces may not be recognized; 4. Famous trademarks of provinces and cities are trademarks first, so this trademark is definitely protected in the same industry in China.