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What do “Chinese famous brands”, “Chinese well-known trademarks” and “inspection-free products” mean?

Chinese Famous Brands

1. Use four arrow patterns symbolizing economic development indicators to form the Chinese character "name" for "Chinese Famous Brand" and the "pin" for "Evaluation of Famous Brands" The word "Evaluating Chinese Famous Brands" concisely, vividly and intuitively expresses the evaluation purpose of "evaluating Chinese famous brands" to drive technological innovation of enterprises, enhance the international competitiveness of enterprises, and promote China's economic development.

2. The four arrows are still the four upward rising numbers "1", vividly, vividly and richly symbolizing the four first quality standards for Chinese famous brand evaluation; the four major evaluation indicators ; Four core concepts and four evaluation principles of "scientific, fair, open and impartial".

3. The five-pointed stars, one large, four small and five small, in the logo symbolize the emergence of "Chinese famous brands" in the new century, and drive Chinese enterprises to continuously innovate and strive to create famous brands. The five five-pointed stars are exactly in line with the concept of "five-star". While expressing quality, they also imply that the promotion of China's famous brand strategy will surely drive the development of China's economy

Four or four arrows are still “Best” and the initial “B” in the English “Business” abbreviation intuitively represent the character attributes and business characteristics of Chinese famous brands.

5. The overall shape adopts a stamp style with Chinese characteristics, which intuitively expresses the seriousness and authority of China's famous brand certification.

6. In terms of color, red and blue are the main color blocks. Red represents the characteristics of socialism: symbolizing enthusiasm, solemnity and glory. The broad and far-reaching blue represents the cloisonne tone of "CHINA" porcelain: it not only symbolizes China's national characteristics, but also symbolizes the trend of world and international market integration, and symbolizes that China's famous brands are growing steadily with the development of China's economy. to the world and the glorious 21st century.

China's well-known trademarks

1. China's well-known trademarks (famous trademarks of China) refer to: recognized by the competent authorities (Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the People's Court) A trademark that is a "well-known trademark".

The meaning is based on the "Regulations on the Recognition and Protection of Well-known Trademarks" promulgated by the State Administration for Industry and Commerce on April 17, 2003. It can be summarized as: a well-known trademark refers to a well-known trademark that is widely known to the relevant public in China and enjoys a high reputation. Reputation trademark.

As for what is "relevant public", the "Regulations on the Recognition and Protection of Well-known Trademarks" stipulates that: the relevant public includes consumers related to a certain type of goods or services marked by the use of trademarks, and the production of the aforementioned goods Or other operators providing services, as well as sellers and related personnel involved in distribution channels.

As for what is meant by "widely known" and "enjoying a high reputation", the "Provisions on the Recognition and Protection of Well-Known Trademarks" do not clearly define it.

2. China’s well-known trademarks receive special protection according to law that is superior to ordinary registered trademarks.

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, the use of the trademark shall If the counterfeiting, imitation or translation of a trademark that is already well-known in the country on the same or similar goods is likely to cause confusion, the member states of this Union shall refuse or cancel the registration in accordance with the authority permitted by their domestic laws or at the request of the relevant parties, and shall Prohibited use, these provisions also apply to trademarks whose main part is a counterfeit 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, the Trademark Law In this revision, protection for well-known trademarks was added.

Article 2 of the "Interpretations 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' trademarks that have not been If a well-known trademark registered in China or its main part is used as a trademark on the same or similar goods, which is likely to cause confusion, the person shall bear civil legal liability for stopping the infringement.”

Application for recognition of well-known trademarks:< /p>

The recognition of well-known trademarks in China includes judicial recognition and administrative recognition. Judicial recognition is recognized by the People’s Court at or above the intermediate level in each province. Administrative recognition refers to the trademark case passed by the Trademark Office of the State Administration for Industry and Commerce or the Trademark Review and Adjudication Board. Objection, defense, dispute and other cases are incidentally recognized as a well-known trademark in China. The legal effect of the two determinations should be the same.

What are national inspection-free products?

The product quality is long-term and stable. The company has a complete quality assurance system, a high market share, and the economic benefits rank among the top in the industry. The product standards meet or are stricter than the national standards, and the products have passed the provincial quality certification or above. The technical supervision department has passed more than three consecutive supervision and inspections, and the products comply with relevant national laws and regulations and national industrial policies.

Conditions for product inspection exemption

(1) Product quality is long-term and stable, and the company has a complete quality assurance system;

(2) Product market share and economic benefits Ranking among the top in the industry;

(3) Product standards meet or are stricter than national standards and industry standards;

(4) Products have been continuously approved by quality and technical supervision departments at or above the provincial level All products that have undergone three or more (including three) supervisory inspections are qualified;

(5) Products comply with relevant national laws and regulations and national industrial policies.

In addition, the General Administration of Quality Supervision, Inspection and Quarantine sets the minimum annual production scale for specific products.

Procedure for Approval of Products Exempted from Inspection

(1) Enterprises that meet the requirements for exempted products may voluntarily apply for product inspection exemption, fill in the product inspection exemption application form, truthfully provide valid certification materials, and submit The provincial quality and technical supervision department where the enterprise is located.

(2) The provincial quality and technical supervision department is responsible for accepting enterprise applications, conducting a written review of the application materials, signing the review opinions, and submitting them to the General Administration of Quality Supervision, Inspection and Quarantine.

(3) The General Administration of Quality Supervision, Inspection and Quarantine will approve the inspection-free products after soliciting opinions from relevant social parties, issue inspection-free certificates to applicants that meet the prescribed conditions, and announce them to the public.

(4) Enterprises that have obtained inspection exemption certificates may voluntarily use the prescribed inspection exemption marks on their products or their packaging during the exemption period. The inspection exemption mark used shall indicate the time and validity period of the inspection exemption.

The exemption is valid for three years. If the product needs to continue to be exempted from inspection after the inspection exemption expires, the enterprise should re-apply.