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The difference between well-known trademarks and general trademarks

Well-known trademarks refer to trademarks that are well-known in China and have been recognized as "well-known trademarks". They have a wider scope of protection, stronger rights, and have higher advantages in trademark infringement disputes.

A well-known trademark is a trademark that is well-known in China and has been recognized as a "well-known trademark". Compared with ordinary trademarks, it has a wider scope of protection and stronger rights. According to the provisions of the Trademark Law of the People's Republic of China, the protection of a well-known trademark not only includes the goods or services actually used, but also includes products and services that are similar or similar to the trademark. This means that if other merchants use a trademark that is the same as or similar to a well-known trademark, they may be suspected of trademark infringement. In trademark disputes, well-known trademarks are usually given higher evaluation, stricter protection and stronger rights. For example, in trademark infringement lawsuits, well-known trademarks can receive higher compensation amounts and harsher penalties. In addition, for unauthorized registration, use or imitation of well-known trademarks, trademark owners can also submit objections or lawsuits to trademark review agencies or courts to protect their legitimate rights and interests.

How to determine whether a trademark can apply for a "well-known trademark"? According to the provisions of the Trademark Law of the People's Republic of China, a trademark applying for recognition as a "well-known trademark" must meet the following conditions: the trademark has been widely used and has a high reputation in China, and the trademark has Be recognized as a "well-known trademark" by the notary office or other competent authorities. Therefore, if you want to have your trademark application recognized as a "well-known trademark", you need to first prove that the trademark has been widely used in the market and has received high evaluation and recognition from relevant agencies.

Trademarks are one of the important assets and sources of competitiveness of a company, and well-known trademarks are a symbol of corporate brand value. For merchants, protecting their trademark rights and interests, especially the rights and interests of well-known trademarks, is the key to ensuring their own development and competitive advantage. Therefore, we recommend that merchants strengthen their awareness of trademark protection, formulate and implement corresponding trademark protection strategies in a timely manner, standardize trademark use behavior, and lay a solid foundation for their own trademark rights and interests.

Legal basis:

Article 14, Paragraph 1 and 2 of the Trademark Law of the People's Republic of China stipulates that well-known trademarks shall be treated as trademarks at the request of the parties concerned. When determining the facts that need to be determined in trademark cases, the following factors should be considered when determining a well-known trademark:

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

(2) The use of the trademark Duration;

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

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

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(5) Other factors that make the trademark famous. During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office shall review and handle the case according to the provisions of Article 13 of this Law. If necessary, the trademark may be well-known.