The "Trademark Law" clearly stipulates the concept of China's well-known trademarks, the provisions for the recognition and protection of well-known trademarks, and the prohibition of China's well-known trademarks. Well-known trademarks are a legal concept. For enterprises, well-known trademarks play a great economic and social role; for consumers, well-known trademarks are often relatively reliable and trustworthy brands. Today, the editor of Dishi.com will give you a comprehensive introduction to the relevant knowledge of well-known trademarks. What is a well-known trademark? A well-known trademark is an intangible asset. It is a perfect combination of excellent varieties of goods or services and good business reputation. It contains huge economic value and market potential, and is highly attractive to consumers. So what kind of trademark is called a well-known trademark?

Well-known Trademark (Well-known Trademark) is also called a well-known trademark or a well-known trademark. It first appeared in the Paris Convention for the Protection of Industrial Property signed in 1883. my country joined the Convention in 1984 and became its 95th member state. Well-known trademarks generally have two meanings, namely as a trademark itself and as an institution.

1. As a trademark:

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. It is the public trademark in China. Being widely known and enjoying a high reputation is a combination of the trademark's popularity and reputation. So far, there are 1,624 trademarks recognized as “well-known trademarks” in China, of which 98 are foreign brands.

2. As a system:

Well-known trademarks refer to well-known trademarks that may receive special protection, which is a supplement to the general trademark protection principles. That is, when a trademark has a special influence in the market, so that when ordinary consumers in the relevant field see the trademark, they generally no longer pay special attention to the trademark itself and may make a purchase choice, thus making this trademark The identification function of the product has gone beyond the product itself using it.

When other product producers use trademarks that are identical or similar to the well-known trademark to produce goods, it may also cause consumers to misunderstand or confuse the source of the goods and other aspects of their relationship with the producer. , the law should prohibit such use and give the trademark owner the right to request legal relief.

①The quality of goods identified by well-known trademarks is constant and excellent.

②A well-known trademark should enjoy a high reputation in the market.

③A well-known trademark should be well known to the relevant public.

What are the ways to identify well-known trademarks? In my country, there are mainly two types of well-known trademark identification: administrative identification and judicial identification. There are five specific identification situations under subdivision.

1. The agencies that identify well-known trademarks in my country:

①Trademark Office of the State Administration for Industry and Commerce;

②Trademark Review and Adjudication Committee of the State Administration for Industry and Commerce;

③People’s Court above the intermediate level.

2. According to current laws, regulations, rules and relevant judicial interpretations of the Supreme People’s Court, there are five legal ways for enterprises to obtain the title of well-known trademark:

① Directly apply to the State Administration for Industry and Commerce Apply to the Trademark Office;

② Apply to the Trademark Office for recognition during the trademark opposition procedure;

③ Apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce during the trademark dispute procedure ;

④ is to apply to the industrial and commercial administration authorities for recognition of a well-known trademark during the administrative handling of trademark infringement;

⑤ is to apply to the People's Court for recognition of a well-known trademark in accordance with the law during the civil litigation proceedings for trademark infringement. trademark.

Enterprises can apply to the local Industrial and Commercial Bureau and submit relevant evidence proving that the trademark is well-known. After investigation and verification by the Industrial and Commercial Bureau, they will recommend higher bids step by step and be recognized by the Trademark Office.

Article 13 of the "Trademark Law" stipulates: "If a trademark applied for registration for the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, and is likely to cause confusion, it shall not be registered and the trademark shall not be registered." Use is prohibited; if it is different from or translates a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be harmed, the company will not be registered and the use will be prohibited.”

If the enterprise If you believe that someone else's trademark that has been preliminarily reviewed and announced by the Trademark Office violates Article 13 of the Trademark Law, you can file an objection with the Trademark Office in accordance with the provisions of the Trademark Law and its implementing regulations, and request not to register the trademark of another person. , submit relevant materials proving that your trademark is well-known, and it will be recognized by the Trademark Office.

If an enterprise believes that someone else’s registered trademark violates Article 13 of the Trademark Law, it can submit to the Trademark Review and Adjudication Board proof that its trademark is well-known in accordance with the provisions of the Trademark Law and its implementing regulations. Relevant materials, while requesting a ruling to cancel the improperly registered trademark, the Trademark Review and Adjudication Board will determine that your trademark is a well-known trademark.

If an enterprise believes that the trademark used by others infringes upon its exclusive rights to trademark, it can submit written materials prohibiting use to the industrial and commercial administration department at or above the municipal level where the case occurs, and submit relevant materials proving that its trademark is well-known. The Trademark Office shall make a determination within 6 months from the date of receipt of relevant case materials. If a trademark has not been recognized as a well-known trademark, within one year from the date of the recognition result, the party concerned shall not make another request for recognition of the same trademark based on the same facts and reasons.

Article 22 of the "Interpretation of the Supreme People's Court on the Application of Laws in the Trial of Civil Trademark Dispute Cases" (Legal Interpretation 200232) stipulates: "When hearing a trademark dispute case, the People's Court shall, based on the request of the person at that time, Based on the specific circumstances of the case, the determination of whether the registered trademark involved is well-known shall be determined in accordance with the provisions of Article 14 of the Trademark Law. ”

Accordingly, the enterprise’s trademark rights shall be determined. If it is infringed by others, you can file a civil lawsuit with the People's Court and submit relevant evidence proving that your trademark is well-known, and also apply to the court to recognize your trademark as a well-known trademark.

How to apply for a well-known trademark? Today, as the market economy system is becoming more and more perfect and market competition is becoming increasingly fierce, enterprises have become aware of striving for well-known trademarks. It is very important for enterprises to understand the well-known trademark recognition process. So how to apply for a well-known trademark?

1. Administrative identification of well-known trademarks

According to the Trademark Law and relevant administrative regulations, the identification of well-known trademarks is through regular and unified identification by the Trademark Office of the State Administration for Industry and Commerce. The identification principle is " Passive identification, case-by-case review and approval.”

If a party believes that another person’s registered trademark has maliciously infringed upon the rights of the party, he or she shall directly submit a dispute ruling to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce and apply for recognition as a well-known trademark.

2. Well-known trademark administrative recognition process

If an enterprise needs to apply for well-known trademark recognition, it must submit materials through the Administration for Industry and Commerce.

Applicant (enterprise) → Submit materials to the Administration for Industry and Commerce → Formal review → Substantive review → Preliminary review announcement → Approval registration announcement → Trademark review

3. Application for recognition Conditions:

① It should be a provincial famous trademark recognized by the Provincial Administration for Industry and Commerce;

② The trademark has high visibility and good reputation;

③ It has legal claims.

4. Investigation based on the conditions stipulated in the "Regulations on the Recognition and Protection of Well-known Trademarks":

①The sales volume and sales area of ??goods using the trademark in China;

②The economic indicators (annual output, sales, profits, market share, etc.) of the goods using this trademark in the past three years and their ranking in the same industry in China;

③Using this trademark The sales volume and sales area of ??the goods in foreign countries (regions);

④The advertising release of the trademark;

⑤The earliest use and continuous use time of the trademark;

⑥The registration status of the trademark in China and foreign countries (regions);

⑦Other evidence that the trademark is well-known.

5. The newly revised Trademark Law stipulates that the following factors should be considered in determining a well-known trademark:

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

②The duration of use of the trademark;

③The duration, extent and geographical scope of any publicity work for the trademark.

6. According to the "Notice on Several Issues Concerning Application for Recognition of Well-known Trademarks" issued by the Trademark Office of the State Administration for Industry and Commerce, an enterprise may apply for recognition of a well-known trademark when its trademark rights are damaged as follows:

① Others register or use a logo that is identical or similar to the applicant’s applied-for trademark on non-similar goods or services, which may damage the applicant’s rights and interests;

② Others register or use a logo that is identical or similar to the applicant’s applied-for trademark The registration or use of words as part of the company name may cause public misunderstanding;

③The trademark applied for recognition by the applicant has been maliciously registered by others overseas, which may cause damage to the applicant's business development abroad.

④ The applicant’s rights and interests in applying for recognition of the trademark have been damaged in other ways and are difficult to resolve.

7. Application materials that need to be submitted

When an enterprise applies for recognition of a well-known trademark, it should submit a well-known trademark recognition application report, in which it must provide evidence that its trademark rights and interests have been damaged. At the same time, the "Application Form for Well-known Trademark Recognition" should be filled out truthfully and the corresponding supporting materials should be provided, mainly including:

① A copy of the business license of the applicant for well-known trademark recognition;

② If the applicant for well-known trademark recognition entrusts a trademark agency to act as an agent, a letter of authorization signed by the applicant or an entrustment agreement (contract) signed between the applicant and the trademark agency shall be provided;

③The main person using the trademark The main economic indicators of the goods or services in the past three years;

④ The sales or operation situation and regions of the main goods or services using the trademark at home and abroad;

⑤ The use of the trademark at home and abroad Registration status;

⑥Advertising status of the trademark in recent years;

⑦Early use and continuous use time of the trademark;

⑧About the well-known status of the trademark other supporting documents.

8. Judicial determination of well-known trademarks

In trademark dispute cases, the court will determine whether the registered trademark involved is well-known according to the request of the parties and the specific circumstances of the case. . That is, judicial identification, the principle of identification of well-known trademarks is: "case-by-case identification, passive protection."

9. Judicial recognition of enterprises’ applications for well-known trademarks

According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" (Fa Interpretation [2002] No. 32) According to the provisions of Article 22, 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.

When identifying well-known trademarks, the review is mainly based on the provisions of Article 14 of my country's Trademark Law, and also refers to the relevant content of the "Regulations on the Identification and Protection of Well-known Trademarks" issued by the State Administration for Industry and Commerce.

Article 14 of the Trademark Law stipulates: “The following factors shall 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;

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

④The record of the trademark being protected as a well-known trademark;

⑤Other factors that make the trademark famous.

Why should you apply for a well-known trademark? Well-known trademarks are given relatively broad exclusive rights, and the "well-known trademark" holds the company name and website domain name. They will receive special legal protection that is different from ordinary trademarks.

Well-known trademarks are a combination of brand awareness and reputation. They are recognized by authoritative departments in accordance with legal procedures and are genuine and not self-evident. The advertised "famous brand" and the comprehensive benefits it brings will enable enterprises to gain a greater leading advantage in the fierce market competition.

① Huge economic benefits;

② The intangible assets of the enterprise will increase significantly in value;

③ Well-known trademarks can receive expanded legal protection;

④ Obtain more government policy support;

⑤ It can be effective Prevent all kinds of unfair competition.

Being recognized as a well-known trademark can further enhance the company's brand image and greatly increase the value of its intangible assets.

①The scope of protection has been expanded;

②The intensity of protection has been increased;

③The areas of protection have increased.

At present, governments at all levels across the country have expanded their respective areas. Enterprises striving to create well-known trademarks are one of the priorities of the government. Enterprises that obtain well-known trademarks will receive greater government support that other enterprises cannot achieve.

① Fight against malicious registration;

② Combat the influence of the same (similar) trademark on different goods;

③ It is easier to identify similar trademarks;

④ When filing a case to investigate a counterfeit trademark crime case, it is not subject to Limitation on the amount of registration;

⑤ Prevent other companies from registering well-known trademarks as company names;

⑥ Avoid domain name registration problems in e-commerce

Well-known trademarks. What is the difference between famous trademarks and famous trademarks? In our daily life, we often see terms such as "China's well-known trademarks and famous trademarks". So what is the difference between them? Let me explain it to you so that you can make a clear decision before purchasing products or services.

amp;nbsp Well-known trademarks, famous trademark distinctions, legal recognition, industry recognition and recognition agencies, the State Administration for Industry and Commerce (Trademark Office), the Trademark Review and Adjudication Board, and the provincial industrial and commercial bureaus of the people's courts at intermediate levels and above. "Trademark Law", "Trademark Office", "Quality Law", "Quality Supervision Bureau" qualification does not necessarily mean that a successfully registered trademark must be a successfully registered trademark. It is more important, more authoritative and more well-known. It is slightly less well-known than the well-known trademark recognition standard. It is determined by the relevant public nationwide. Awareness is recognized by the relevant public at the provincial level. The scope of effect is valid nationwide. It has the same effect as a well-known trademark in the province. Legality. The law clearly stipulates that there are certain recognition conditions and procedures. It is not a legal concept and there is no statutory Recognition standards and recognition conditions Application targets domestic/foreign-invested/domestic enterprises registered in China Consequences of recognition of trademark infringement cases Recognition of "Trademark Office Arbitration with the Principle of Passive Protection" Honors, does it belong to the state's new regulations for awarding well-known Chinese trademarks and banning well-known trademarks? With the implementation of the new Trademark Law, the familiar propaganda of “please look for China’s well-known trademarks” is coming to an end.

1. New provisions of the "Trademark Law"

The Trademark Office of the State Administration for Industry and Commerce stated at a practical seminar on the implementation of the new "Trademark Law" that "well-known trademark" is not an honorary title. Starting from May 1, 2020, "well-known trademarks" are prohibited from appearing on product packaging, nor can they be used in advertising or exhibitions, otherwise they will face a fine of 100,000 yuan.

Except for "well-known trademarks" that are used on commodities and commodity packaging containers and have entered the circulation field before May 1, 2014.

In other words, goods bearing "well-known trademarks" that have entered the market before May 1, 2014, can continue to be sold after May 1, 2014, until they are sold out.

If the words "well-known trademark" are used on goods or product packaging containers, the holder of the well-known trademark shall bear illegal liability and shall be investigated and punished by the industrial and commercial department of the place where he or she is domiciled. If the domicile is not within the territory of China or a dispute arises over jurisdiction, the case shall be investigated and dealt with by the industrial and commercial department designated by the State Administration for Industry and Commerce.

2. Reasons for the introduction of new regulations

The original intention of formulating "well-known trademarks" is to expand the scope of trademark protection, and to implement better protection across categories and fields to prevent infringement." "Near the famous brand" is not an honorary title.

But in fact, some businesses apply for recognition of "well-known trademarks" not because they are infringed and want to crack down on counterfeiting, but for the sake of marketing, they use "well-known trademarks" out of context as an honorary title for first-class evaluation. Increase the visibility of your trademark.

Some companies even resort to fraud in order to obtain "well-known trademarks" and create non-existent trademark disputes in order to be recognized as well-known trademarks in lawsuits.

3. Well-known trademarks will still be sought after

The recognition of well-known trademarks is essentially just a remedy after trademark rights are infringed. Well-known trademarks do not reflect product quality or brand reputation, and are not honorary titles.

The introduction of the new regulations means that well-known trademarks are no longer an honorary title that enterprises actively apply for and recognize in batches, and can return to the original intention of the system against malicious registration and unfair competition. It not only helps promote market fairness, but also reduces the risk of power rent-seeking.

Conclusion The implementation of the new provisions of the Trademark Law will help reduce unfair competition in the market. However, if you are a consumer, the most intuitive impact is that you will have fewer and fewer opportunities to see the words "well-known trademark". Without the "guidance" of "well-known trademark", you may feel a little bit inferior to the quality of the brand. If you are confused, you might as well come to Dishi.com to learn about brand awareness. I believe your problem will be solved soon.

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