Before May 20 14 1, well-known trademarks in China were one of the publicity points of many enterprises.
Well-known trademarks in China refer to trademarks recognized as "well-known trademarks" by competent authorities (Trademark Office of the State Administration for Industry and Commerce, Trademark Review and Adjudication Board or People's Court) according to legal procedures.
According to the Provisions on the Recognition and Protection of Well-known Trademarks promulgated by the State Administration for Industry and Commerce on April 17, 2003, its meaning can be summarized as: a trademark widely known to the relevant public in China.
The purpose of setting the title is to strengthen the legal protection of trademarks and to give certain government support.
However, after many enterprises recognized China as a well-known trademark, the word appeared in their advertisements and product packaging. China's well-known trademarks have become the products of these enterprises and another pass to enter the market.
In addition, the purpose of many enterprises to obtain this title has also become to obtain financial subsidies.
All the above practices violate the original intention of establishing "China Famous Trademark" in China.
It is forbidden to use "China Famous Trademark" as the legal basis for publicity.
trademark act
Article 14 A well-known trademark shall, at the request of the parties concerned, be recognized as a fact that needs to be recognized in handling trademark cases. The following factors shall be considered when identifying well-known trademarks:
(a) the public's awareness of the trademark;
(2) the term of use of the trademark;
(3) the duration, degree and geographical scope of any publicity work of the trademark;
(4) The record that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous.
In the process of trademark registration examination and investigation by the administrative department for industry and commerce, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the Trademark Office may, according to the needs of examination and handling of the case, make a determination on the well-known situation of the trademark.
In the process of handling trademark disputes, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the Trademark Review and Adjudication Board may, according to the needs of handling cases, make a determination on the well-known trademark.
In the process of trying trademark civil and administrative cases, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may, according to the needs of trying the case, determine the well-known trademark.
Producers and business operators shall not use the words "well-known trademarks" on commodities, commodity packages or containers, or in advertising, exhibitions and other commercial activities.