Legal Subjectivity:

What is the difference between famous trademarks and well-known trademarks? I have talked about so many things related to "famous trademarks" and "well-known trademarks" just to make everyone Quickly distinguish the difference between the two. 1. The accreditation agencies are different. Well-known trademarks are recognized by the Trademark Office of the State Administration for Industry and Commerce or the People's Court according to judicial procedures, while famous trademarks are recognized by the provincial industrial and commercial departments. 2. The identification standards are different. A well-known trademark must be known to the relevant public across the country, while a famous trademark can be known to the relevant public in the province or local area (city). 3. The scope of protection is different. Well-known trademarks not only receive varying degrees of cross-category protection, but also receive protection from the Trademark Office and judicial departments depending on the recognition department. The scope and extent of protection for famous trademarks is significantly smaller than that of well-known trademarks. 4. The role of publicity is different. The "Trademark Law" clearly stipulates that manufacturers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities. Recognized famous trademarks can be used on goods and their packaging, decoration, instructions, business correspondence, and business promotions. 1. Conceptual analysis and advantages of “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. Famous trademarks have a high reputation within a certain geographical area, and their recognition agency is the provincial industrial and commercial administration department. Recognized famous trademarks can be used on goods and their packaging, decoration, instructions, business correspondence, and business promotions, and the goods they refer to will be regarded as well-known goods. No one may use famous trademarks or similar trademarks for product names, packaging or decoration; nor may they use names, packaging or decoration that are unique to or similar to famous products. If the use of trademark elements that are identical or similar to a famous trademark on goods that are different from or similar to famous goods may cause misunderstanding by the relevant public, the industrial and commercial administration department will prohibit it. If words that are the same as or similar to a famous trademark are used as a company name or trade name, which will cause damage to the rights and interests of the famous trademark, the industrial and commercial administration department will not register it. Of course, exceptions are made if the company name and trade name are registered first. Famous trademarks will receive more protection and will be easier to defend. The "Anti-Unfair Competition Law" clearly states that others are prohibited from using the unique names, packaging and decoration of famous trademarks without authorization. In daily market inspections, the industrial and commercial administration authorities often prioritize famous trademarks and carry out special law enforcement activities. Famous trademarks can also help expand a company's social visibility and influence, help companies gain more profits, and are an important driving force for companies to formulate and implement trademark development strategies. 2. Analysis of the concept of "well-known trademark" and protection measures A well-known trademark is a type of trademark officially recognized by the Trademark Office of China's State Administration for Industry and Commerce based on the application of an enterprise. It is widely known to the public in China and enjoys a high reputation. . 1. Special protection for well-known trademarks. Ordinary trademarks can only receive legal protection in the categories of goods or services that are approved for registration, while well-known trademarks can obtain varying degrees of cross-category protection; well-known trademarks can resist malicious registration by others, and other companies are not allowed to use well-known trademarks as domain names or company names. Name registration. 2. Cross-category protection of well-known trademarks. Well-known trademarks can obtain different levels of cross-category protection depending on their degree of well-knownness. In actual implementation, well-known trademarks recognized by the State Administration for Industry and Commerce are uniformly registered and announced in the State Administration for Industry and Commerce. Even if someone applies for a trademark that is identical or similar to a well-known trademark on different or dissimilar goods, the Industry and Commerce Bureau will generally refuse to approve the registration. Well-known trademarks recognized by the judiciary will not receive active protection from the Industry and Commerce Bureau. When infringement occurs, their owners can only file a lawsuit in court to safeguard their rights. 3. Judicial protection of well-known trademarks.

Paragraph 2 of Article 13 of the Trademark Law stipulates that if a trademark applied for registration for identical 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 its use shall be prohibited; " Article 13, Paragraph 3 of the Trademark Law stipulates that a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of 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 in danger. If damaged, registration will not be granted and use will be prohibited. If a trademark can be transformed into a "well-known trademark", the market effect will definitely be as obvious as adding special effects. Legal objectivity:

What is the difference between a famous trademark and a well-known trademark? 1. Difference in meaning 1. A famous trademark refers to a trademark that has a high market reputation and commercial value, is well known to the relevant public, and is recognized in accordance with the law. Registered trademark. From the date a famous trademark is recognized, if others use words that are identical or similar to the famous trademark as part of a business name, and may cause misunderstanding by the public, the industrial and commercial administration authorities will not approve the registration of the business name; if it has already been registered , the registrant of a famous trademark may request the industrial and commercial authorities to cancel the enterprise name within two years from the date he knew or should have known it. Product quality must achieve double excellence, and the company's quality, environment, and safety management must meet international standards and be certified and recognized by national authoritative organizations. 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 recognized mainly 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, provincial famous brands are recognized by the Provincial Quality Supervision Bureau. 4. Different functions and 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 in 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.