What are the principles for the identification of well-known trademarks? How to identify well-known trademarks? Let’s take a look at the following editor’s “Principles for the identification of well-known trademarks” brought to you. Maybe there is what you need. .

What are the principles for the recognition of well-known trademarks? Passive recognition, case-by-case recognition? It is the recognition principle and protection model of well-known trademarks determined by the Paris Convention and the TRIPS Agreement, and it is an internationally accepted standard recognized by the World Trade Organization. convention. In 2003, my country promulgated the "Regulations on the Recognition and Protection of Well-known Trademarks" and established the recognition principle of "passive recognition and case-by-case recognition". The essence of the well-known trademark recognition principle of "passive recognition, case-by-case recognition" is to insist on the market-oriented operation of well-known trademark recognition during the recognition and protection of well-known trademarks. If the party concerned submits evidence of a well-known trademark, the trademark administrative law enforcement agency or judicial authority shall protect the well-known trademark based on the evidentiary facts and legal provisions of the trademark.

How to identify well-known trademarks

According to the provisions of my country’s Trademark Law, the following factors should be considered in identifying well-known trademarks:

(1) The relevant public’s opinion of the trademark The degree of awareness of the trademark;

(2) The duration of use of the trademark;

(3) The duration, extent and geographical scope of any publicity work for the trademark;

(4) Records that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous.

When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the above factors, but this does not assume that the trademark must meet all the factors stipulated in this article.

Accordingly, the following materials can be used as evidence to prove that a trademark is well-known:

(1) Relevant materials proving the relevant public’s awareness of the trademark;

(2) Relevant materials proving the duration of use of the trademark, including the history and scope of use and registration of the trademark; (3) Proving the duration, extent and scope of any publicity work for the trademark Relevant materials on the geographical scope, including the methods of advertising and promotion activities, geographical scope, types of promotional media, and the amount of advertising;

(4) Records proving that the trademark is protected as a well-known trademark Relevant materials, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions;

(5) Other evidence materials proving that the trademark is well-known, including the main products using the trademark recently Three years of production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials.

So, how should the definition of well-known trademarks be defined? The "Provisions on the Recognition and Protection of Well-known Trademarks" states that a well-known trademark refers to a trademark that is widely known to the relevant public in China and enjoys a high reputation. The relevant public includes consumers related to the certain type of goods or services indicated by the trademark, other operators who produce the goods or provide services indicated by the trademark, as well as sellers and related personnel involved in the distribution channels.

It should be noted that not only the Trademark Office and the Trademark Review and Adjudication Board have the right to identify well-known trademarks, but in hearing trademark dispute cases, the court may also decide on the registered trademark involved based on the request of the parties and the specific circumstances of the case. Whether it is well-known shall be determined in accordance with the law. When the court determines a well-known trademark, it should follow the above five factors for determining a well-known trademark. If a party requests protection for a well-known trademark that has been recognized by the Trademark Office, the Trademark Review and Adjudication Board or the People's Court, and the other party has no objection to the well-known trademark involved, the People's Court will no longer review the application. If an objection is raised, the people's court will conduct an examination based on the five factors for determining well-known trademarks.

What affects the recognition of well-known trademarks?

The Paris Convention not only does not clearly define well-known trademarks, but also does not stipulate the factors or standards for the recognition of well-known trademarks. Article 16bis of the TRIPS Agreement stipulates: To determine whether a trademark is a well-known trademark, the extent to which the relevant public is aware of it should be taken into account.

Article 14 of my country's Trademark Law and Article 3 of the "Regulations on the Recognition and Protection of Well-known Trademarks" stipulate that the following five factors should be considered in determining a well-known trademark:

1. The relevant public's knowledge of the trademark Extent;

2. The duration of use of the trademark, including trademark use, registration, history and scope;

3. The duration, extent and scope of any publicity work for the trademark Geographical scope, including advertising and promotion methods, geographical scope, types of promotional media, and advertising volume, etc.;

4. Records of the trademark being protected as a well-known trademark, including that the trademark has been used in China or The situation of being protected as a well-known trademark in other countries and regions;

5. Other factors that make the trademark famous, including the output, sales volume, sales revenue, profits and taxes, and sales of the main products using the trademark in the past three years area etc.

The difference between well-known trademark protection and ordinary trademark protection

Generally speaking, "Chinese famous brand products" must have trademarks with high market visibility. Similarly, the carrier products of well-known trademarks must be Excellent quality and competitive advantage. Some products, such as Ordos brand cashmere sweaters, are both Chinese famous brand products and have the title of Chinese Well-known Trademark. These two honors also have mutual reference value in the process of mutual recognition.

However, there are obvious differences between China's famous brand products and well-known trademarks in many aspects:

1. The legal basis and enforcement departments of the two are different. The recognition of well-known trademarks in China is based on the "Trademark Law of the People's Republic of China" and the "Trademark Law Implementation Rules" formulated in accordance with this law and the State Administration for Industry and Commerce Order No. 5 "Regulations on the Recognition and Protection of Well-known Trademarks". Enterprises A well-known trademark must apply to the Trademark Office of the Industrial and Commercial Administration Department of the State Council. After being recognized, it will be a well-known trademark and enjoy all the rights of a well-known trademark. The evaluation of China's famous brand products is based on the "Law of the People's Republic of China and Domestic Product Quality" as well as the "Quality Promotion Outline" formulated by the State Council and the "Management Measures for China's Famous Brand Products" issued by the General Administration of Quality Supervision, Inspection and Quarantine. Authorize the China Famous Brand Strategy Promotion Committee to uniformly organize and implement the evaluation work of China's famous brand products.

2. The two have different connotations. Well-known trademarks refer to trademarks that are widely known to the relevant public in China and enjoy a high reputation. Chinese famous brand products refer to products whose physical quality has reached the advanced level of similar international products, is in a leading position among similar domestic products, has market share and popularity at the forefront of the industry, has high user satisfaction, and has strong market competitiveness. It can be seen from this that the connotation of a well-known trademark is a trademark, while the connotation of a famous brand product is a specific product.

3. The objects of the two are different. The recognition objects of well-known trademarks include both registered trademarks of domestic enterprises and trademarks registered in China by foreign enterprises. The evaluation of famous brand products is limited to products of Chinese enterprises, and applications for products using foreign (overseas) trademarks will not be accepted.

4. The evaluation mechanisms of the two are different. According to the newly issued "Measures for the Recognition and Review of Well-known Trademarks" issued by the State Administration for Industry and Commerce, well-known trademarks will transform from an honor for enterprises into a means of legal protection, and will no longer be subject to batch evaluation and recognition organized by the state. The introduction of this new regulation means that the history of batch assessment of well-known trademarks has become a thing of the past. The "Measures for the Administration of Chinese Famous Brand Products" stipulates that the evaluation of Chinese famous brand products shall be conducted once a year, and the China Famous Brand Strategy Promotion Committee shall publish a product catalog for the evaluation of Chinese famous brand products every year. Applications for products that are not in the evaluation catalog for that year will not be accepted.

5. The identification conditions of the two are different. The components of a well-known trademark are: relevant materials about the trademark’s registration history and scope of use; relevant materials about the trademark’s publicity and promotional activities, geographical scope, types of publicity media, and the amount of advertising; the trademark’s popularity in China or Past record materials of being protected as a well-known trademark in other countries or regions; relevant materials such as the output, sales volume, sales revenue, profits and taxes, and sales area range of the goods using the trademark in the past three years.

The evaluation of China's famous brand products focuses on: physical quality level; market share, export exchange rate, brand awareness, annual sales, realized profits and taxes, industrial cost and expense profit margin, total asset contribution rate; the company's production technical conditions and technical equipment , technological innovation, product development capabilities; the standard level of product implementation; the company's measurement and testing system, measurement assurance capabilities, quality management system; the company's after-sales service system and customer satisfaction and other indicators must be at the forefront of the entire industry.

6. The consequences of the two identifications are different. After a well-known trademark is confirmed, it can receive greater protection than an ordinary trademark. Recognition of a well-known trademark is a legal protection method for resolving trademark infringement disputes. It adopts the principles of "case-by-case identification" and passive protection. If a product that has obtained a well-known trademark encounters an infringement dispute, the well-known trademark can be submitted to the Trademark Office for arbitration as a protected record. According to the provisions of the "Measures for the Recognition and Review of Well-known Trademarks", apart from infringement disputes, well-known trademarks have no meaning to the enterprise. The evaluation of China's famous brand products is mainly to grant an honor to enterprises and is part of the national reward mechanism.

The above is the "Principles for Recognition of Well-known Trademarks" provided by the editor. I hope you will like it!

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