The local industrial and commercial administration department shall be responsible for making corrections and impose a fine of 100,000 yuan. Producers and operators use the words "well-known trademark" on goods, product packaging or containers in violation of regulations, or use them in advertising, exhibitions and other commercial activities.

The provisions of the "Trademark Law":

Article 14 Well-known trademarks shall be determined as facts that need to be determined in handling trademark cases at the request of the parties. The following factors should be considered in 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) The record of the trademark being protected as a well-known trademark;

(5) The Other factors that make a 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, based on the needs of reviewing and handling the case, make a well-known trademark The situation is determined.

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 the provisions of 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 shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.

Extended information:

Differences between the old and new trademark laws:

Under the new trademark law, whether the use of the same or similar trademark on similar goods constitutes infringement, Two judgment steps must be followed: first, whether it constitutes the use of the same or similar trademark on similar goods; second, whether it is likely to cause confusion among relevant consumers.

If the trademark and the goods are not identical but are similar or similar, it does not necessarily constitute trademark infringement. It is also necessary to determine whether there is possibility of confusion. Only if there is both similarity and possibility of confusion, will it constitute trademark infringement. If the trademark and the goods are neither identical nor similar or similar, it will be directly determined that there is no trademark infringement, and it will no longer be determined whether there is a possibility of confusion.

In the context of the new law, if two goods or markets are sufficiently separated, two or more companies can use the same logo or a highly similar logo as a trademark at the same time. In this case, the trademarks of two goods respectively associated with different consumer markets, even if they are highly similar, can be used in parallel and will not cause confusion.

For example, the Korean Hyundai Motor trademark and the Japanese Honda Motor trademark used on automobile products are very similar in appearance, because both trademarks have formed a stable consumer group, and because of the The level of consumer attention is high and there will be no confusion. Since there is no undue harm to each other's market interests, there is no infringement.

Baidu Encyclopedia - Trademark Law of the People's Republic of China

People's Daily Online - Application of the Infringement Determination Standards of the New Trademark Law