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What is the difference between a well-known trademark and a famous trademark?

Answer Well-known trademark: It is a legal concept, and its legal meaning is to enable trademarks to enjoy expanded protection on non-identical or similar goods. It mainly depends on three aspects: the originality of the trademark; the degree of well-knownness of the trademark; and the degree of association between the goods that want to enjoy expanded protection and the designated trademark of the well-known trademark. Well-known trademarks are not an honor, and there is no question of gold content or authority. The principle is "case identification, passive protection." Well-known trademarks only have legal effect in the individual cases in which they are recognized. For other situations, they only have reference value. Well-known trademarks not only have the distinguishing effect of general trademarks, but also have strong competitiveness. They are well-known and have a wide range of influence. They have been well-known and trusted by consumers and operators, and have relevant commercial value. These characteristics make it a frequent target of infringement. In order to prevent and reduce the occurrence of such infringements, the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights have made effective and specific provisions on the special protection of well-known trademarks. 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 and is used on identical or similar goods, If the counterfeiting, imitation or translation of a well-known trademark in the country is likely to cause confusion, the member countries of this Union shall refuse or cancel the registration and prohibit the use in accordance with the authority permitted by their domestic laws or at the request of the relevant parties. These provisions also apply. A trademark whose main part is a forgery 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 that are not similar to the goods or services indicated by a registered trademark. 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. It implements the provisions of the "Paris Convention for the Protection of Industrial Property" and the "Trade-Related Aspects of Intellectual Property Rights" and protects member countries registered or unregistered in our country. Well-known trademarks are our country’s duty. 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 my country’s actual practices, this revision of the Trademark Law has added Protection of well-known trademarks. Article 2 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" stipulates: "In accordance with the provisions of Article 13, paragraph 1, of the Trademark Law, copying, imitating, or translating others' well-known trademarks or trademarks that have not been registered in China. If its main part is used as a trademark on the same or similar goods, which is likely to cause confusion, it shall bear civil legal liability to stop the infringement. "Famous trademarks are generally recognized by provincial industrial and commercial bureaus (including some municipal industrial and commercial bureaus). Regulated by local regulations. Rather than enjoying expanded protection for non-identical or similar goods, it is more likely to enjoy some special policy services within the province (for example, prohibiting others from registering a business name that is the same as the trademark in the province), and it is also more likely to be a kind of corporate honor.

What are famous trademarks: In order to improve the visibility and market competitiveness of local trademarks and strengthen the protection of famous trademarks, local governments have been carrying out the identification of famous trademarks for a long time. As market competition intensifies, the number of relevant trademarks has increased. Intellectual property cases have increased significantly. Among them, famous trademarks have also borne the brunt of the damage due to their high reputation in the market, high market share, and high added value of trademarks. To this end, Shanghai launched the "Shanghai The "Interim Measures for the Recognition and Protection of Famous Trademarks in the City" has changed the selection and recognition adopted in the past, and raised the recognition of famous trademarks to the level of special legal protection. As of January 2005, the Shanghai Administration for Industry and Commerce has recognized nine batches of well-known trademarks. Shanghai Famous Trademarks. According to Article 22 of the "Interim Measures for the Recognition and Protection of Famous Trademarks in Shanghai", trademarks recognized as Shanghai famous trademarks can receive the following special protection: (1) Shanghai famous trademarks are expanded to include enterprise names protection, prohibiting others from using the names of Shanghai's famous trademarks as corporate names in the same industry or related fields; there is no retroactive effect on corporate names that existed before the recognition; (2) Products with Shanghai's famous trademarks are regarded as 'well-known commodities' , prohibiting others from using the unique names, packaging, and decorations on Shanghai's famous trademarks without authorization; (3) prohibiting others from diluting, vilifying, or belittling Shanghai's famous trademarks in various ways; 2 (4) Shanghai Administration for Industry and Commerce The "Shanghai Famous Trademark Protection List" is regularly issued and copied to the local industrial and commercial administrative agencies. The industrial and commercial administrative agencies at all levels actively intervene in and strengthen the protection of Shanghai's famous trademarks in market supervision and law enforcement. Any counterfeiting of Shanghai's famous trademarks Trademarks will be severely punished in accordance with the Trademark Law and relevant industrial and commercial regulations; (5) Expand the registration protection of famous trademarks in Shanghai. When Shanghai famous trademarks apply for trademark expansion registration protection, if there are difficulties, the relevant industrial and commercial administration of this city will The agency will help coordinate or issue relevant certificates; (6) The Shanghai Consumers Association will use the complaint supervision network to provide feedback on the market reputation, market share, counterfeiting and infringement of Shanghai's famous trademarks. Anyone who is counterfeited and infringed in another place will be The relevant industrial and commercial administrative agencies provide consultation, guidance, coordination and other services. It should be noted that Shanghai's famous trademarks are only valid for three years, and they must apply for re-recognition after the expiration. Otherwise, their famous trademark qualifications will be revoked, of course. It is also impossible to continue to enjoy special protection. In addition, because famous trademarks are protected by local regulations, compared with well-known trademarks, the special protection they receive is relatively weak. Of course, the rights to famous trademarks in East China For people, the "Cooperation Measures for Trademark Management of Six Provinces and One City in East China" signed in Shanghai on June 15, 2004 is undoubtedly a great blessing, which extends the special protection of such trademarks to a certain extent. Famous trademarks and well-known trademarks< /p>