According to the provisions of Article 14 of the Trademark Law, the following five factors are considered in determining a well-known trademark: 1. The relevant public’s awareness of the trademark; 2. The duration of use of the trademark; 3. .The duration, procedure and geographical scope of any publicity work for the trademark; 4. Records of the protection of the trademark as a well-known trademark; 5. Other factors that make the trademark famous.

According to the "Measures for the Administration of Chinese Famous Brand Products", the conditions that a Chinese famous brand should meet are: 1. Comply with relevant national laws, regulations and industrial policies; 2. The physical quality is among the best in the country among similar products. Leading position and reaching the international advanced level; market share, export exchange rate, and brand awareness rank among the top of similar domestic products; 3. Annual sales, realized profits and taxes, industrial cost and expense profit margins, and total asset contribution rate rank among the top in the industry; 4. .The enterprise has advanced and reliable production technical conditions and technical equipment, and its technological innovation and product development capabilities are at the forefront of the industry; 5. Products are organized and produced in accordance with international standards or foreign advanced standards; 6. The enterprise has a complete measurement and testing system and Measurement assurance capabilities; 7. The quality management system is sound and operating effectively, and no major quality liability accidents have occurred; 8. The company has a complete after-sales service system and high customer satisfaction.

It can be seen that the identification standards for China’s well-known trademarks focus on market recognition, while the evaluation of Chinese famous brands focuses on production scale and technical conditions. The Trademark Office and the Trademark Review and Adjudication Board's determination of a well-known trademark follows the administrative ruling procedure, while the People's Court's determination of a well-known trademark follows the civil trial procedure, and the determination of the Trademark Office and the Trademark Review and Adjudication Board is not the final ruling and is still subject to judicial supervision. The preliminary review and recommendation of China's famous brands are controlled by the provincial, district, and municipal quality inspection bureaus. The final selection, solicitation of opinions, and announcement are carried out by the "Name Recommendation Committee" under the guidance of the General Administration of Quality Supervision, Inspection and Quarantine. The evaluation results are not subject to judicial review. supervision.

However, in the consumer field, consumers often do not care about the origin, origin and legal status of well-known trademarks and Chinese famous brands. They are guided by media advertisements and usually believe in famous brands when purchasing goods. Failure to check the trademark carefully is essentially a consumer misunderstanding. The main reasons that lead consumers into this misunderstanding are: first, "well-known trademark" is a legal term, far away from popular culture, while "Chinese famous brand" is a colloquial term, easy to understand and easy to spread; second, there are many Chinese famous brands, Too much advertising. The recognition and protection of China's well-known trademarks has been carried out for more than ten years. So far, more than 400 well-known trademarks have been recognized. However, Chinese famous brands have launched nearly 600 products in four years. 1. The basis is different. China Famous Brands are assessed based on Order No. 12 of the General Administration of Quality Supervision, Inspection and Quarantine, "Measures for the Administration of Chinese Famous Brand Products." Its legal and regulatory basis are the "Product Quality Law" and the "Quality Promotion Outline" of the State Council. Well-known trademarks are recognized in accordance with Order No. 5 of the State Administration for Industry and Commerce, "Regulations on the Recognition and Protection of Well-Known Trademarks," and their legal and regulatory basis are the "Trademark Law" and the "Trademark Law Implementation Regulations" of the State Council.

2. The objects are different. Chinese famous brands are about quality, and well-known trademarks are about trademarks. Chinese famous brands are only evaluated based on physical quality, that is, product quality; the objects of recognition of well-known trademarks include not only commodity trademarks, but also service trademarks, and their scope covers goods trade and service trade, which is wider than Chinese famous brands. At the same time, Chinese famous brands only apply to products made in China; well-known trademarks apply not only to Chinese trademarks, but also to foreign trademarks.

3. The agencies are different. China's famous brands are organized and implemented by the China Famous Brand Strategy Promotion Committee, an association affiliated with the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China. Well-known trademarks are evaluated by state agencies such as the Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Committee, and the People's Court. , management and infringement litigation and other practical work.

4. The procedures are different. China's Famous Brands are evaluated once a year. Enterprises complete the report themselves and submit it to the provincial quality inspection agency, and then submit it to the China Famous Brand Strategy Promotion Committee for evaluation.

The recognition of well-known trademarks adopts international practices and common methods, implements the principle of case-by-case review and determination, and is not limited by time; trademark owners believe that their legitimate rights and interests have been infringed upon during trademark registration, review, management and infringement litigation, and request state agencies to stop them. While punishing infringements, you can apply to recognize your trademark as a well-known trademark. If you apply for recognition during the trademark registration announcement period, you should submit it directly to the Trademark Office; if you apply for recognition during the trademark review process, you should apply directly to the Trademark Review and Adjudication Board; if you apply for recognition during the trademark management process, you should submit it to the municipal (prefecture) level industrial and commercial authority. ; If an application is made for determination of trademark infringement during the litigation process, it shall be submitted to the People's Court.

5. The effects are different. After being assessed, Chinese famous brands are valid for three years; during the validity period, products can be packaged, decorated and advertised using the Chinese famous brand logo, and are exempted from quality supervision and inspection by governments at all levels, and are automatically included in the focus of "fighting counterfeiting and protecting famous brands". After a well-known trademark is recognized, in addition to being able to use the well-known trademark logo to package, decorate and advertise goods or services within the validity period of the trademark (ten years, renewable upon expiration), it also receives special national and international protection: ① Time In terms of respect, the owner of a well-known trademark can request the Trademark Review and Adjudication Board to cancel a trademark registered in bad faith by others without being subject to a five-year restriction; ② In terms of space, well-known trademarks enjoy cross-class protection, and it is considered that a trademark applied for registration by others in similar or alternative goods or services is If a well-known trademark is copied, imitated or reproduced, the owner of the well-known trademark may request the state agency not to register it and prohibit its use; if another person's business name or Internet domain name is the same as or similar to the well-known trademark, the well-known trademark will receive priority protection. ③It is the focus of protection by local judicial organs and administrative law enforcement departments at all levels. Articles 61 and 63 of the "Regulations on the Prosecution Standards for Economic Crime Cases" issued by the Supreme People's Procuratorate and the Ministry of Public Security clearly stipulate that "those who counterfeit other people's well-known trademarks" and "illegally manufacture or sell illegally manufactured well-known trademarks" will be held criminally responsible. Articles 13, 14, and 41 of the Trademark Law, Articles 5, 45, and 53 of the Implementing Regulations of the Trademark Law and the Provisions on the Recognition and Protection of Well-known Trademarks all provide specific provisions on the legal protection of well-known trademarks. ④Special protection for well-known trademarks is worldwide. The Paris Convention for the Protection of Industrial Intellectual Property Rights and the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights have corresponding provisions. Our country is a party to the Paris Convention for the Protection of Industrial Intellectual Property and a member of the WTO. Well-known trademarks enjoy equal legal protection in the member countries of these two organizations.

Summary:

Chinese famous brands mainly evaluate the quality of products; well-known trademarks identify the popularity and credibility of the trademark. The same product can be both a Chinese famous brand and a well-known trademark. Such as "Midea" air conditioners, "Langsha" socks and Hunan Province's "Diamond" brand carbide, "Mengjie" brand bedding, etc. Third, they are complementary. Chinese famous brands only apply to product quality; well-known trademarks apply to product trademarks and service marks. For brands in the tertiary industry, that is, in the field of service trade, we can publicize and promote them through the recognition of well-known trademarks.