What Is The Difference Between A Famous Trademark And A Well-Known Trademark?

China well-known trademark And China famous brand Of Difference

1. The subjects of identification are different.

China's well-known trademark recognition agency is the State Administration for Industry and Commerce Trademark Office and Trademark Review and Adjudication Board. According to the high judicial interpretation, the people's court can determine whether the trademark is well-known. The evaluation body of Chinese brands is the China Famous Brand Strategy Promotion Committee, which is supervised and managed by the AQSIQ. The "name committee" is a very established body, and is responsible for its daily work by the China Federation of industrial economics.

Two. The standards are different.

According to the fourteenth provision of the trademark law, the following five factors should be considered for identifying well-known trademarks:

1. the public's awareness of the trademark;

2. the duration of the use of the trademark;

3. the duration, procedure and geographical scope of any publicity work of the trademark;

4. the trademark is a record of the protection of well-known trademarks.

5. other factors that are well-known for the trade mark.

According to the regulations on the management of Chinese famous brand products, the conditions for Chinese famous brands should be:

1. in line with relevant state laws and regulations and industrial policies;

2. the physical quality is in the leading position in the same products, and has reached the international advanced level. Market share, export export rate and brand recognition are among the leading products in China.

3. annual sales, profits tax, industrial cost and profit margin and total assets contribution rate are among the forefront of the industry.

4., enterprises have advanced and feasible production technology conditions and technical equipment, and technological innovation and product development capabilities occupy the forefront of the industry.

5. products are organized according to international standards or advanced foreign standards.

6. the enterprise has perfect measurement system and measurement assurance capability.

7. the quality management system is sound and effective, without significant quality liability accidents.

8. the enterprise has a perfect after-sale service system with a high degree of customer satisfaction.

It can be seen that the recognition standard of well-known trademarks in China focuses on market recognition, while the evaluation of Chinese famous brands focuses on production scale and technical conditions.

Three, identification and protection policies are different.

The identification of well-known trademarks in China is due to the need for protection, but only for cases.

Four, different degrees of recognition internationally.

Well known trademarks are legally recognized in the world. At present, there is no government authorized to select national famous brand products except any other countries in China. {page_break}

Five. The legal basis for identification is different.

The identification of well-known trademarks in China is based on the trademark law and its implementation regulations. The AQSIQ's "management of Chinese famous brand products" is a departmental rule regulating the evaluation of famous brand in China at present.

Six, the procedures identified are different.

The Trademark Office and the business jury decide that the well-known trademark follows the administrative rulings procedure. The people's court finds that the well-known trademark follows the civil trial procedure, and the Trademark Office and the business jury are not the final ruling, but they still have to be subject to judicial supervision. The preliminary examination and recommendation work of China's famous brands is handled by the provincial, district and municipal quality inspection bureaus. The final primaries, comments and announces are carried out under the guidance of the AQSIQ under the guidance of the AQSIQ, and the evaluation results are not subject to judicial supervision.

However, in the field of consumption, consumers often do not care about the origin and origin of well-known trademarks and Chinese famous brands, and the legal status of the two. They are guided by the media advertising, and when they buy goods, they usually believe in famous brands and do not take seriously the trade marks. This is actually a kind of consumption misunderstanding. The main reasons for introducing consumers into this misunderstanding are: first, "well-known trademarks" are legal terminology, far away from popular culture, while "Chinese famous brands" are colloquial, easy to understand and easy to disseminate; second, there are a large number of Chinese famous brands and advertisements. The recognition and protection of well-known trademarks in China has been carried out for more than ten years, only more than 400 pieces have been identified so far, and China's famous brand has launched nearly 600 products in 4 years.

Strengthening consumer awareness of well-known trademarks and straighten out the brand awareness of manufacturing enterprises is a problem that can not be ignored in the supervision of market economy.

First of all, improving brand strategy, abolish the selection of famous brands in China, and establishing well-known trademarks in the economic field is the awareness of famous brands. The process of selecting famous brands in China is suspected of violating the administrative licensing law, and legal experts have questioned their legality. Only by establishing the authority of well-known trademarks can domestic enterprises make less detours in the process of brand creation and better integrate with the international market.

Secondly, the unified standard should be abolished and the famous trademarks of the provincial level should be identified.

Third, increase the publicity of well-known trademarks. Local industrial and commercial organs at all levels should popularize well-known trademark knowledge among consumers and advocate licensing, shopping and rational consumption.