I. Concept analysis and advantages of "famous trademark" The so-called famous trademark refers to a registered trademark with high market reputation and commercial value, which is well known to the relevant public and recognized according to law. Well-known trademarks have a high reputation in a certain geographical range, and their recognition institutions are provincial administrative departments for industry and commerce. The recognized famous trademark can be used in commodities and their packaging, decoration, instructions, business letters and business publicity, and the goods it refers to will be regarded as well-known commodities. No one may use a famous trademark or its approximate trademark in the name, packaging or decoration of goods; Nor shall it use the name, packaging or decoration unique to or similar to famous commodities. The use of trademark elements identical or similar to well-known trademarks on goods different or similar to well-known commodities may cause misidentification by the relevant public, and will be stopped by the administrative department for industry and commerce. The administrative department for industry and commerce shall not register any words that are the same as or similar to a famous trademark if they are used as the enterprise name and font size, which will damage the rights and interests of the famous trademark. Of course, unless the enterprise name and font size are registered first. Famous trademarks will get more protection and it will be easier to defend their rights. The Anti-Unfair Competition Law clearly points out that it is forbidden for others to use the unique name, packaging and decoration of famous trademarks without authorization. In the daily market inspection, the administrative authorities for industry and commerce often focus on famous trademarks and carry out special law enforcement activities. Famous trademarks are also beneficial to expand the social visibility and influence of enterprises, help enterprises to obtain more profits, and are an important driving force for enterprises to formulate and implement trademark development strategies.
second, the concept analysis and protection measures of "well-known trademark" A well-known trademark is a trademark type officially recognized by the Trademark Office of the State Administration for Industry and Commerce of China, which is widely known to the public and enjoys a high reputation in China. 1, the special protection of well-known trademarks. Ordinary trademarks can only be protected by law in the categories of goods or services approved for registration, while well-known trademarks can be protected in different degrees across categories; Well-known trademarks can resist malicious cybersquatting by others, and other companies may not register well-known trademarks as domain names or company names. 2. Cross-category protection of well-known trademarks. Well-known trademarks can obtain different levels of cross-category protection according to their well-known degree. In practice, well-known trademarks recognized by the State Administration for Industry and Commerce are uniformly filed and announced in the State Administration for Industry and Commerce. Even if someone applies for a trademark that is the same as or similar to a well-known trademark on different or similar goods, the industrial and commercial bureau will generally take the initiative to refuse to approve the registration. Well-known trademarks recognized by the judiciary will not be actively protected by the industrial and commercial bureau, but only when the infringement occurs, their owners will bring a lawsuit to the court to protect their rights. 3. Judicial protection of well-known trademarks. Paragraph 2 of Article 13 of the Trademark Law stipulates that a trademark applied for registration of the same or similar goods is a well-known trademark that is copied, imitated or translated by others, which may easily lead to confusion, and shall not be registered and prohibited from being used; Paragraph 3 of Article 13 of the Trademark Law stipulates that a trademark that is applied for registration of different or similar goods is a well-known trademark that has been registered in China by others, which misleads the public and may damage the interests of the registrant of the well-known trademark, so it shall not be registered and its use shall be prohibited. If a trademark can be transformed into a "well-known trademark", the market effect is absolutely as obvious as adding special effects.