"A famous trademark refers to a registered trademark that has a high market reputation and commercial value, is well known to the relevant public, and has been recognized according to law.
What is the difference between a well-known trademark and a well-known trademark?
First, the difference in meaning.
1. The so-called well-known trademark refers to a registered trademark that is well known to the relevant public and legally recognized as having a high market reputation and commercial value. Since the date when a famous trademark is recognized, if others regard the same or similar words 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; Where a registered trademark has been registered, the registrant of a famous trademark may, within two years from the date when he knows or should know it, request the industrial and commercial authorities to cancel the name of the enterprise. Product quality should be excellent, and the company's quality, environment and safety management should meet international standards and be certified and recognized by national authorities.
2. Well-known trademarks, also known as well-known trademarks, first appeared in the Paris Convention for the Protection of Industrial Property (hereinafter referred to as the Paris Convention) signed in 1883. China joined the Convention on 1984, becoming the 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 Article 13, paragraph 1 of the Trademark Law, if a well-known trademark or its main part is copied, imitated or translated and used as a trademark on the same or similar goods, which is likely to cause confusion, it shall bear civil legal responsibility for stopping the infringement."
Second, about well-known trademarks and famous trademarks.
1. Well-known trademarks are distinguished by countries, and there are well-known trademarks in China without 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 also 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 appraisal authority is different.
1. Well-known trademarks are mainly recognized by the Trademark Office of the State Administration for Industry and Commerce and the people's court;
2. Provincial and municipal famous trademarks recognized by provincial and municipal industrial and commercial bureaus;
3. China famous brand is recognized by the State Quality Supervision Bureau, and provincial famous brand is recognized by the Provincial Quality Supervision Bureau.
Fourth, the function is different.
1. Trademarks distinguish the source 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. Well-known trademarks in China focus on their excellent quality, generally with the promotion of their trademarks, but do not have the exclusiveness of enterprise name registration.
3, the provincial famous brand is an honor of the evaluation of the province, other provinces shall not be recognized;
Famous trademarks of provinces and cities are trademarks first, so this trademark must be protected in the same industry in China.
legal ground
Article 28 of the Trademark Law of People's Republic of China (PRC) stipulates that the Trademark Office shall, within nine months from the date of receiving the application documents for trademark registration, examine the materials according to law, and if the materials pass the examination, conduct a preliminary examination and make an announcement. In the course of examination, if the Trademark Office considers that the contents of the application for trademark registration need to be explained or modified, it may require the applicant to make explanations or modifications. If the applicant does not make explanations or amendments, it will not affect the examination decision of the Trademark Office.