What Are The Similarities And Differences Between The Three Well-Known Trademarks, Famous Trademarks And Famous Trademarks?

well-known trademark

　　 well-known trademark It refers to trademarks that are widely known and enjoyed high reputation in China. In addition to the characteristics of general trademarks such as visibility and visibility, well known trademarks also have the characteristics of strong competitiveness, high popularity, good reputation and wide scope of influence. The well-known trademark is not only an intellectual property right, but also an important property right for the trademark owner.

For the recognition standard of well-known trademarks, the international conventions such as the Paris Convention for the protection of industrial property rights and the agreement on trade related aspects of intellectual property rights have not been defined in any way. The specific criteria are generally determined by the member states of the Convention. In identifying well-known trademarks, China mainly investigates five factors: first, to see the public's awareness of the trademark; two, to see the duration of the trademark; three, to see the duration, extent and geographical scope of any publicity; four, to see the trademark being protected as a well-known trademark; and five to other factors. Of course, when determining whether a trademark is a well-known trademark, it is not necessary to have the above five conditions at the same time.

The relevant provisions of the intellectual property agreement have strengthened the protection of well-known trademarks from two aspects: first, the protection of well-known trademarks not registered in China, that is, the trademark that is applied for registration of the same or similar commodities, is a copy, imitation or translation of well-known trademarks not registered in China; it is easy to cause confusion, do not register and prohibit the use; the two is to stipulate the protection of well-known trademarks registered in China, that is, the trademark that applies for registration of different or similar commodities is to copy, imitate or translate well-known trademarks registered by others in China, misleading the public, causing the interests of the registered trademark of the well-known trademark to be damaged, and will not be registered and prohibited. In order to prevent and reduce the infringement of the right to exclusive use of well-known trademarks, China's current trademark law invoked the Paris Convention for the protection of industrial property rights and trade.

well-known trademark

So-called well-known trademark It refers to a registered trademark with high market reputation and commercial value, which is well known to the public and legally recognized.

The cognizance organization of famous trademark is the Provincial Administration for Industry and commerce. The standards of identification are mainly measured and defined from the following aspects: first, the trademark has been used for three consecutive years since the date of approval of registration; two, the quality and after-sales service of the products used in the province or similar products in China are excellent, and the reputation of the relevant public is high and good market reputation; three, the main economic indicators such as the annual output, sales volume, profit and market share of the trademark are among the best in the same industry or similar products in the province; four, the trademark registrant has a sound trademark to use, protect and manage Rizos.

If a well-known trademark is used as part of the name of the enterprise, if it is used as part of the name of the enterprise, and may cause public misrecognition, the administrative department for Industry and Commerce shall not approve the registration. The registered trademark registrant may request the industrial and commercial organ to cancel it within two years from the date of knowing or knowing it. {page_break}

　 Famous trademark

　　 Famous trademark Generally speaking, it is a registered trademark owned by a trademark owner within the local (city) scope and enjoying a high reputation in the market and known to the public. The local administration for Industry and commerce is responsible for the identification and management of well-known trademarks in the local (city).

The standards are different in different parts of the country. Generally speaking, the following contents should be considered: first, the trademark is a valid registered trademark owned by enterprises, institutions, social organizations and individual businesses in the local (city) area; two, the trade mark and market share of the trademark are in the forefront in the local industry; three, the comprehensive economic benefits of the enterprise are good, and the main economic indicators (sales, profits and taxes) of the trademark have been leading in the same industry in the past two years; four, the publicity of trademarks and the high visibility among the relevant public; five, the quality of the products is stable and reliable, and the consumer complaint rate is low; six, there is no illegal business behavior in the past three years. Identification of well-known trademarks

Since the date of the identification of a well-known trademark, the other person will use the same or similar text of the well-known trademark as the enterprise name of the same or similar product, and may cause public misrecognition. The administrative department for Industry and Commerce will not approve the registration. Other operators can not use the name, packaging or similar name of the commodity that has been identified as a well-known trademark without authorization.

　 Similarities and differences between the three

Well known trademarks, famous trademarks and well-known trademarks as "famous trademarks", there are many similarities between the three, there are also significant differences, mainly reflected in the following aspects:

The first is that the institution is different: the well-known trademark is determined by the Trademark Bureau of the State Administration for Industry and commerce or the people's court according to the judicial procedure. The famous trademark is determined by the provincial commerce and Industry Department, and the well-known trademark is generally recognized by the local (city) business department. The two is that the standards are different: well known trademarks must be known to all the relevant public in the country, and famous trademarks and well-known trademarks should be known to the province or local (city) public at least. The three is whether the trademark registration requirements are different: the well-known trademark may be a registered trademark or a non registered trademark, while a famous trademark and a well-known trademark must be a registered trademark. At the same time, the three can be transformed into each other, because the reputation and popularity of each trademark are changing with time or the changes in the usage of the trademark. The famous trademarks of famous trademarks can gradually evolve into well-known trademarks, and the well-known trademarks may also be diluted into famous trademarks or even ordinary trademarks.