well-known trademarks and famous brands are two different concepts in different fields. Specifically, a well-known trademark usually refers to a trademark that enjoys a high reputation in the market. It is a legal concept. Its production has gone through strict legal procedures and is legally recognized by judicial organs or administrative departments. Its purpose is to solve trademark rights conflicts and protect the legitimate rights and interests of well-known trademark owners. In recent years, with the progress of international cooperation in intellectual property protection, the recognition of well-known trademarks in various countries has also been recognized by trademark authorities and judicial organs in other countries, which has made well-known trademarks play an important role in solving international trademark rights disputes.
The famous brand is the common name of the general public for those trademarks that have a high reputation in the market. It is produced by the evaluation of non-governmental organizations or relevant industry management departments. Its purpose is to give enterprises an honor, but it does not have any legal status, nor is it recognized by the trademark authorities and judicial organs in other countries.
according to the provisions of the trademark law and decree No.56, well-known trademarks have the right to prohibit others from registering or using their well-known trademarks in a certain range of non-similar trademarks in addition to the exclusive right to use trademarks generated by trademark registration according to law. In the case of well-known trademarks with strong distinctiveness and high popularity, they also have the right to prohibit others from using them as part of the enterprise name.
in modern society, consumers' demand for goods has not only focused on quality and appearance, but also on taste and fashion, representing a certain status and position. Therefore, with the development of science and technology, the expansion of knowledge and information, and the continuous improvement of living standards, trademarks themselves contain huge intangible assets and are indispensable valuable wealth for enterprises.
In recent years, the Trademark Office of the State Administration for Industry and Commerce has played an important role in stopping the activities of criticizing famous brands indiscriminately in society. As intangible assets with legal significance, the well-known trademarks of "Furong Wang" and "Baisha" are valuable wealth of Hunan tobacco industry. The employees of Hunan Tobacco, especially those of industrial enterprises, should consciously use the intangible assets of China famous trademarks and China famous brands to actively publicize and protect well-known trademarks. This is of great significance for maintaining the stability of Hunan tobacco industry and promoting the rapid development of Hunan tobacco.
differences and connections between famous brand products in China and well-known trademarks in China
with the development of market economy, enterprises gradually realize the extreme importance of implementing famous brand strategy to improve their reputation and enhance their competitiveness. At present, there are two ways for the national authority to identify famous brands: "China famous brand products" and "China well-known trademarks". There are both connections and differences between them.
Generally speaking, "China famous brand products" must have trademarks with high market visibility. Similarly, the carrier of well-known trademarks-products must have excellent quality and competitive advantages. Some products, such as Erdos cashmere sweaters, are not only famous brands in China, but also famous trademarks in China. These two honors also have mutual reference value in the process of mutual recognition.
However, there are obvious differences between famous brand products and well-known trademarks in China in many aspects:
1. Their legal basis and implementation departments are different. Well-known trademarks in China are recognized according to the Trademark Law of the People's Republic of China, the Detailed Rules for the Implementation of the Trademark Law and the Provisions on the Recognition and Protection of Well-known Trademarks No.5 of the State Administration for Industry and Commerce. Well-known trademarks of enterprises must apply to the Trademark Office of the the State Council Administration for Industry and Commerce before they are recognized and enjoy all the rights of well-known trademarks. The evaluation of famous brand products in China is based on the Product Quality Law of the People's Republic of China, the Outline of Quality Revitalization formulated by the State Council and the Measures for the Administration of Famous Brand Products in China issued by the General Administration of Quality Supervision, Inspection and Quarantine No.12. The General Administration of Quality Supervision, Inspection and Quarantine authorized the China Famous Brand Strategy Promotion Committee to organize and implement the evaluation of famous brand products in China.
2. Their connotations are different. A well-known trademark refers to a trademark that is widely known to the relevant public and enjoys a high reputation in China. China famous brand products refer to products whose physical quality has reached the advanced level of similar products in the world, which are in a leading position among similar products in China, with the highest market share and popularity in the industry, high user satisfaction and strong market competitiveness. It can be seen that the connotation of well-known trademarks is trademarks, while the connotation of brand-name products is specific products.
3. Their objects are different. Well-known trademarks include both registered trademarks of domestic enterprises and trademarks registered by foreign enterprises in China, while the evaluation of brand-name products is limited to the products of Chinese enterprises, and applications for using foreign products in the country (territory) are not accepted.
4. Their evaluation mechanisms are different. According to the new Measures for the Recognition and Deliberation of Well-known Trademarks issued by the State Administration for Industry and Commerce, well-known trademarks will be changed from an honor of enterprises to a means of legal protection, and will no longer be recognized by state organizations in batches. The introduction of this new regulation means that the history of batch evaluation of well-known trademarks has become a thing of the past. The "Measures for the Administration of Famous Brand Products in China" stipulates that the evaluation of famous brand products in China is conducted once a year, and the product catalogue for the evaluation of famous brand products in China is published by the China Famous Brand Strategy Promotion Committee every year. Any product application that is not in the evaluation catalogue of that year will not be accepted.
5. The identification conditions of the two are different. The constitutive requirements of a well-known trademark are: the relevant materials of the history and scope of use of the trademark; Relevant materials on the publicity and promotion activities of the trademark, the geographical scope, the types of publicity media and the amount of advertising; Previous records of the trademark being protected as a well-known trademark in China or other countries or regions; Relevant materials such as the output, sales volume, sales revenue, profits and taxes, and sales area of the goods using the trademark in the past three years. The evaluation of famous brand products in China focuses on: the quality level of physical objects; Market share, export exchange rate, brand awareness, annual sales, realized profits and taxes, profit rate of industrial costs and expenses, and contribution rate of total assets; The production technical conditions and technical equipment, technological innovation and product development capabilities of the enterprise; The standard level implemented by the product; The measurement and testing system, measurement assurance capability and quality management system of the enterprise; The after-sales service system and customer satisfaction of enterprises must be in the forefront of the whole industry.
6. the consequences of the identification of the two are different. Well-known trademarks can be protected more than ordinary trademarks after being confirmed. Identifying well-known trademarks is a legal protection means to solve trademark infringement disputes, which adopts the principles of "case identification" and passive protection. If a product that has obtained a well-known trademark encounters an infringement dispute, the well-known trademark can be taken as a protected record and submitted to the Trademark Office for arbitration. According to the provisions of the Measures for the Identification and Deliberation of Well-known Trademarks, well-known trademarks have no meaning to the enterprise without infringement disputes. The evaluation of famous brand products in China is mainly to award enterprises an honor, which is a part of the national reward mechanism.
any enterprise should realize that brand-name products are the basis for the formation of well-known trademarks, and the identification of well-known trademarks is the only way for brand-name products to seek legal protection.
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