Legal subjectivity:

I believe that many friends will see some trademarks when shopping or experiencing related services, and some trademarks may be ordinary trademarks, while others are well-known trademark. What are the differences between well-known trademarks and ordinary trademarks? 1. Different meanings Well-known trademarks are trademarks that are widely known to the relevant public in China and enjoy a high reputation. Ordinary trademarks do not need to be widely known to the relevant public in China, nor do they need to enjoy a high reputation. 2. The recognition of different common trademarks is generally determined by the Trademark Office, while well-known trademarks sometimes require recognition by the Trademark Review and Adjudication Board or the judgment of the court. 3. Legal protection is different from ordinary trademarks. The vast majority of trademarks do not receive special legal protection when used under normal circumstances; well-known trademarks enjoy special legal protection once they are recognized. (1) Special protection Ordinary trademarks can only be protected by law in the categories of goods or services that are approved for registration and enjoy exclusive rights to trademarks; while well-known trademarks receive varying degrees of cross-class protection due to their originality and distinctiveness; well-known trademarks can be opposed Malicious preemptive registration by others; other companies are not allowed to use this well-known trademark as a domain name registration; other companies are not allowed to use this well-known trademark as a company name to register; increase the value of the brand, appreciate the intangible assets of the company, expand the company's visibility, and enhance the company's market Competitiveness; enterprises can formulate trademark intellectual property strategies based on this, such as the transfer and licensing of non-principal trademark applications, and obtain considerable profits from trademark licensing and transfer; increase the recognition of enterprises by the government and the public, and increase the effectiveness of infringement and counterfeiting At the same time, it will receive more preferential treatment and support in other fields such as investment and credit; if it is registered or infringed abroad, the recognition of a well-known trademark will undoubtedly be a decisive bargaining chip. Enterprises can apply for cancellation or protection to the relevant competent authorities. (2) Judicial protection Judicial protection for well-known trademarks can be divided into two levels: first, protection at the registration stage, and second, protection at the stage of trademark infringement after registration. The protection provided in Article 13 of the Trademark Law refers to the protection of unregistered well-known trademarks during the registration stage. If you infringe on someone else's well-known trademark that has not been registered in China (such infringement refers to the circumstances that constitute the requirements stipulated in Article 13 of the Trademark Law), you can request not to register and prohibit use. At the same time, Article 1(2) of the Supreme Court’s Judicial Interpretation of the Trademark Law stipulates various civil liabilities for cross-category infringement of registered well-known trademarks. These are provisions to strengthen the protection of well-known trademarks. In order to strengthen the judicial protection of well-known trademarks, if cross-category protection is required, the well-known trademarks should first be identified. According to the provisions of judicial interpretations, when hearing trademark dispute cases, the People's Court may, based on the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known in accordance with the law. The conditions that should be met are: 1. The request of the parties; 2. The specific circumstances of the case. The specific circumstances of the case include two situations stipulated in judicial interpretations. The first is cross-category protection; the second is the case of registering someone else’s well-known trademark without domain name for commercial purposes and finding it malicious. Legal provisions: Paragraph 1 of Article 14 of the Trademark Law of the People's Republic of China stipulates: "Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. In determining well-known trademarks, the following shall be considered Factors: (1) The relevant public’s 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) The trademark is a well-known trademark Protected records; (5) Other factors that make the trademark famous. Legal objective:

What is the difference between a famous trademark and a well-known trademark? 1. Difference in meaning 1. The so-called famous trademark refers to a high market reputation. and commercial value, is well known to the relevant public, and is recognized in accordance with the law. From the date when a famous trademark is recognized, others use words that are identical or similar to the famous trademark as part of the company name, which may cause public misunderstanding. If the name is not recognized, the industrial and commercial administrative authorities will not approve the registration of the enterprise name; if it has been registered, the famous trademark registrant may request the industrial and commercial authorities to revoke the enterprise name within two years from the date of knowing or should have known it. Product quality must achieve double excellence. , the company's quality, environment, and safety management have reached international standards and have been certified and recognized by national authorities. 2. "Well-known Trademark" (Well-known TrademarK), also known as a well-known trademark, first appeared in the "Paris Convention for the Protection of Industrial Property" signed in 1883. (hereinafter referred to as the "Paris Convention").

my country joined the Convention in 1984 and became its 95th member state. Like other member states that have joined the Paris Convention, special legal protection for well-known trademarks in accordance with the provisions of the Convention has become an important part of my country's trademark legal work. 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, the civil liability for infringement shall be borne. "II. Regarding well-known trademarks and famous trademarks 1. Well-known trademarks are distinguished by country, and there are Chinese well-known trademarks. There are no provincial or local well-known trademarks; in theory, well-known trademarks in other countries are also protected in the same domestic industries. China's well-known trademarks can theoretically be protected across industries in China, but no complaints are filed. 2. Famous trademarks are divided into provinces and cities. There are two types of famous trademarks: provincial famous trademarks and city famous trademarks. 3. Different recognition agencies: 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 are recognized by the provincial and municipal industrial and commercial bureaus; 3. China’s famous brands are recognized by the State Administration of Quality Supervision. Recognition, the provincial famous brand is recognized by the Provincial Quality Supervision Bureau. 4. Different functions: 1. Trademarks are used to distinguish the source of goods or services. Provincial and municipal famous trademarks have exclusive rights in the pre-registration of the names of newly established enterprises in the corresponding regions; 2. Chinese famous brands focus on their excellent quality and generally promote their trademarks, but There is no exclusivity for business name registration. 3. Provincial famous brand is an honor assessed by the province and may not be recognized by other provinces; 4. Provincial and municipal famous trademarks are trademarks first, so the trademarks are definitely protected in the same industry across the country.