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A well-known trademark is a type of trademark officially recognized by the Trademark Office of the State Administration for Industry and Commerce of China based on the application of the enterprise. , is widely known to the public in China and enjoys a high reputation. The protection of well-known trademarks is not limited to identical or similar goods or services. When applying for registration or use of different or dissimilar goods, they will not be registered and are prohibited from use. Therefore, well-known trademarks are endowed with relatively broad exclusivity. right. Moreover, the company name and website domain name of the company holding a "well-known trademark" will receive special legal protection different from ordinary trademarks. So far, there are 1,624 trademarks recognized as “well-known trademarks” in China, of which 98 are foreign brands.

The content of the interpretation of well-known trademarks under Chinese law (judicial interpretation): A well-known trademark is a trademark that is widely known to the relevant public in China and enjoys a high reputation. The "relevant public" refers to the trademark identified with the trademark. consumers related to certain types of goods or services and other operators closely related to the marketing of the aforementioned goods or services.

4-1. According to the provisions of my country’s Trademark Law, the following factors should be considered in determining a well-known trademark:

(1) The degree of awareness of the trademark by the relevant public;

(2) The duration of use of the trademark;

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

(4) The 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.

Correspondingly, 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.

The number of administratively recognized well-known trademarks has accumulated to nearly 1,000.

4-2. When the court determines a well-known trademark, it should follow the above five factors for determining well-known trademarks. 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.

In accordance with the Trademark Law and the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names" promulgated on July 17, 2001 and the "Supreme People's Court" promulgated on October 12, 2002 The People's Court's Interpretations on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Trademark Rights stipulates that when hearing cases of intellectual property disputes such as trademarks and domain names, the People's Court shall follow the principles of case-by-case determination, passive determination, and determination based on case needs. On the basis of facts, and in strict accordance with Article 14 of the Trademark Law, we shall determine whether the registered trademark involved in the case is well-known according to law and provide strong protection. From July 2001 to October 2005, the People's Court recognized 72 well-known trademarks including "Huaneng", "Gome Electric" and "Qizheng" in accordance with the law. Among them, among the 42 well-known trademarks recognized from January to October 2005, the rights holders of 9 were foreigners.

5. Well-known trademarks should be regarded as a system to prevent unfair competition, rather than as an honorary title and capital for advertising, let alone to obtain this special "capital" , engage in fraud, or even create non-existent trademark disputes in order to be recognized as a well-known trademark in litigation. Well-known trademarks are used to maintain fair competition and cannot be used as a tool to engage in unfair competition. This is the minimum business principle.

When the approved and announced trademark is identical or similar to the applicant's prior rights, an application for recognition of a well-known trademark should be submitted at the same time as the opposition application.

B. In a trademark dispute case, an application is submitted to the Trademark Review and Adjudication Board for recognition of the trademark as well-known: that is, if the applicant believes that someone else’s registered trademark violates the provisions of Article 13 of the Trademark Law, he or she may request a ruling to cancel it. When registering a trademark, you must submit relevant materials proving the well-known trademark to the Trademark Review and Adjudication Board, and the Trademark Review and Adjudication Board will recognize your trademark as a well-known trademark.

C. During the administrative processing of trademark infringement, submit an application for recognition of a well-known trademark to the local industrial and commercial administration department: If the applicant believes that the trademark used by others infringes upon his or her exclusive trademark rights, he or she may apply to the local administrative department for industry and commerce where the case occurred. The industrial and commercial administration department at or above the city (prefecture, state) level shall submit a written request to prohibit the use of the trademark, and submit relevant materials on the well-known trademark of its own.

D. In the civil litigation procedure for trademark infringement, file an application for recognition of a well-known trademark with the local intermediate people's court or above.

Chinese Famous Brands:

In order to increase the international competitiveness of Chinese products, the General Administration of Quality Supervision, Inspection and Quarantine launched China's World Famous Brand Products in 2005. At present, there are Haier brand refrigerators, washing machines, Huawei brand program-controlled switches, GREE brand air conditioners, ZTE brand program-controlled switches, ZPMC brand container cranes, SUNSHINE brand worsted woolen fabrics, CIMC brand containers, and Bosideng brand down jackets. , Qianchao QC brand universal joints and other 10 brands won the title of China's world famous brand products.

China began to implement the famous brand strategy in 2000. In the past seven years, the government has commended nearly 2,000 Chinese famous brand products and 10 Chinese world famous brand products.

Famous Trademark of China is a legal concept.

1. The subjects of identification are different.

The recognition agencies for China’s well-known trademarks are the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board; according to the judicial interpretation of the Supreme People’s Court, the People’s Court can determine whether a trademark is well-known. The evaluation agency for Chinese brands is the China Famous Brand Strategy Promotion Committee, which is supervised and managed by the General Administration of Quality Supervision, Inspection and Quarantine. The "Name Recommendation Committee" is a non-permanent organization, and the China Federation of Industrial Economics is responsible for its daily work.

2. The standards for identification are different.

According to the provisions of Article 14 of the Trademark Law, the following five factors are considered in determining a well-known trademark: 1. The relevant public’s awareness of the trademark; 2. The duration of use of the trademark; 3. .The duration, procedure and geographical scope of any publicity work for the trademark; 4. Records of the protection of the trademark as a well-known trademark; 5. Other factors that make the trademark famous.

According to the "Measures for the Administration of Chinese Famous Brand Products", the conditions that a Chinese famous brand should meet are: 1. Comply with relevant national laws, regulations and industrial policies; 2. The physical quality is among the best in the country among similar products. Leading position and reaching the international advanced level; market share, export exchange rate, and brand awareness rank among the top of similar domestic products; 3. Annual sales, realized profits and taxes, industrial cost and expense profit margins, and total asset contribution rate rank among the top in the industry; 4. .The enterprise has advanced and reliable production technical conditions and technical equipment, and its technological innovation and product development capabilities are at the forefront of the industry; 5. Products are organized and produced in accordance with international standards or foreign advanced standards; 6. The enterprise has a complete measurement and testing system and Measurement assurance capabilities; 7. The quality management system is sound and operating effectively, and no major quality liability accidents have occurred; 8. The company has a complete after-sales service system and high customer satisfaction.

It can be seen that the identification standards for China’s well-known trademarks focus on market recognition, while the evaluation of Chinese famous brands focuses on production scale and technical conditions.

3. The identification and protection policies are different.

The recognition of well-known Chinese trademarks is out of the need for protection and is only for individual cases; while Chinese famous brands are actively evaluated and protected in batches.

4. The degree of recognition is different internationally.

Well-known trademark is a concept recognized by law around the world; but currently, except for China, no other country has a government-authorized organization to select national famous brand products.

5. The legal basis for determination is different.

The basis for the identification of well-known trademarks in China is the Trademark Law and its Implementing Regulations; the "Management Measures for Chinese Famous Brand Products" issued by the General Administration of Quality Supervision, Inspection and Quarantine is part of the department that currently regulates the evaluation of Chinese famous brands. regulations.

6. The procedures for identification are different.

The determination of well-known trademarks by the Trademark Office and the Trademark Review and Adjudication Board follows administrative ruling procedures, and the determination of well-known trademarks by the People's Court follows civil trial procedures. Moreover, the determinations of the Trademark Office and the Trademark Review and Adjudication Board are not final and are still subject to judicial supervision. The preliminary review and recommendation of China's famous brands are controlled by the provincial, district, and municipal quality inspection bureaus. The final selection, solicitation of opinions, and announcement are carried out by the "Name Recommendation Committee" under the guidance of the General Administration of Quality Supervision, Inspection and Quarantine. The evaluation results are not subject to judicial review. supervision.

However, in the consumer field, consumers often do not care about the origin, origin and legal status of well-known trademarks and Chinese famous brands. They are guided by media advertisements and usually believe in famous brands when purchasing goods. Failure to carefully check the trademark is essentially a consumer misunderstanding. The main reasons that lead consumers into this misunderstanding are: first, "well-known trademark" is a legal term, far away from popular culture, while "Chinese famous brand" is a colloquial term, easy to understand and easy to spread; second, there are many Chinese famous brands, Too much advertising. The recognition and protection of China's well-known trademarks has been carried out for more than ten years. So far, more than 400 well-known trademarks have been recognized, while Chinese famous brands have launched nearly 600 products in four years.

Famous trademarks:

(1) The trademark must have been registered and actually used for more than three years (including three years);

(2) The trademark It has a high reputation and is deeply loved by consumers (users);

(3) Products using this trademark have large sales volume, wide sales area and high market share;

(4) The goods or services using the trademark are of good quality, with low consumer (user) complaint rate and good after-sales service;

(5) The main characteristics of the goods or services using the trademark in the past three years The economic indicators (annual sales, sales or operating income, net profit, tax) are among the best in the same industry in the province;

(6) The trademark has a wide advertising coverage and covers a large area;

(7) The owner of the trademark has strong trademark awareness, has a complete trademark management organization and management system, and attaches great importance to the use, management and protection of trademarks;

(8) In the past three years The trademark owner did not infringe upon the exclusive rights of others to register trademarks when actually using the trademark; (9) If the goods approved for use by the trademark are export goods, the trademark shall be registered in the relevant country (region) ) registered and has a wider sales area.

Famous trademarks:

The so-called famous trademarks refer to registered trademarks that have high market reputation and commercial value, are well known to the relevant public, and are recognized in accordance with the law.

The recognition agency for famous trademarks is the provincial industrial and commercial administration department. The recognition standards are mainly measured and defined from the following aspects: first, the trademark has been continuously used for three years from the date of registration approval; second, the goods using the trademark have excellent quality and after-sales service among similar products in the province or domestically. , and has a high reputation and good market reputation among the relevant public; third, the annual output, sales, profits, market share and other major economic indicators of the goods using the trademark are among the best in the same industry in the province or among similar domestic products. ; Fourth, the trademark registrant has sound trademark use, protection and management measures.

From the date a famous trademark is recognized, if others use words that are identical or similar to the famous trademark as part of the company name, and may cause misunderstanding by the public, the industrial and commercial administration authorities will not approve the registration. ; If it has been registered, the registrant of a well-known trademark may request the industrial and commercial authorities to cancel it within two years from the date he knew or should have known it.

Famous trademark product quality requirements:

Product quality must reach double excellence, and company quality, environment, and safety management must meet international standards. Be certified and recognized by national authoritative organizations