What'S Wrong With China'S Famous Trademark?

"Famous trademarks in China", "China famous brand" and "state inspection free products" have become the symbol of product identity of enterprises.

Once these products are acquired, they will enjoy preferential policies such as giving priority to stores and free advertising support when they enter large shopping malls. They will be supported by local governments in terms of Taxation, land approval and bank loans when they develop their businesses in various places. They will also be given priority in consumers.

In addition, companies that get these titles are sometimes even rewarded with local governments reaching 1 million yuan.

To this end, the vast majority of enterprise brands are striving for China's well-known trademarks.

However, some "well-known trademarks in China" have been widely questioned.

A few days ago, the trademark of St. Peter's home textile in Jiangsu was identified as "China's well-known trademark". After that, the company made great publicity in newspapers, Internet and other media, and became the darling of local enterprises.

The "well known trademark in China" is determined by judicature, and it is a way for enterprises to get famous trademarks at present.

It is understood that China's famous brand is chosen by the China brand promotion committee entrusted by the State General Administration of quality supervision, inspection and quarantine. The state inspection free product is awarded by the State General Administration of quality supervision, inspection and quarantine. However, there are two forms of the certification of well-known trademarks in China.

Before 2003, most well-known trademarks were identified by the State Administration of industry and commerce. After the promulgation of the "Regulations on the recognition and protection of well-known trademarks" in 2003, the people's courts could also be a well-known trademark in China. The requirement is easier than the administrative certification in terms of application time, enterprise scale and capital consumption. Many enterprises are actively striving for it.

As a matter of fact, it is not only the St. Bush's home textile company in Jiangsu province that has obtained the well-known trademarks in China through judicial determination.

Recently, reporters found that, especially in the textile and garment industry, the number of Chinese well-known trademarks has been rapidly increased through judicial recognition.

To this end, the experts expressed concern that many brand names of enterprises were not even famous trademarks at provincial or municipal levels, so they could easily get the well-known trademarks in China. This is not in line with certain logical rules, which will affect the authority and credibility of China's well-known trademarks.

Generally speaking, the road map of judicial identification of well-known trademarks in China is: it is found that some people have infringed upon the trademark rights of a brand. The brand enterprise will accuse the infringer to the court, and the court finally decides that the brand wins the lawsuit, and at the same time, the trademark of the brand is recognized as a trademark.

The process is very simple.

In Wenzhou, Quanzhou, Shaoxing and other textile and garment industries are more developed areas, the number of well-known trademarks that have been acquired through judicial recognition recently is very large, and the proportion of well-known trademarks in China is increasing.

Shaoxing is an important textile production base in China and has the largest textile market in Asia.

In 2007, the number of new well-known trademarks in China increased to 64, while only 5 of the well-known trademarks in China were identified through administration. The rest were identified through judicial procedures, that is, all through litigation.

Among them, Zhuji has the most well-known trademarks, accounting for 38, followed by Shaoxing County, 19.

It is understood that some trademark trademarks, even Shaoxing famous trademarks have not been commended, it has become a well-known trademark in China.

Under the jurisdiction of Quanzhou, there are "Shishi" of China's "sportswear capital" and "China Shoes Capital" Jinjiang, which has more than 100 well-known trademarks in China, ranking first in the cities of prefecture level cities in China.

According to the person in charge of the Quanzhou industry and Commerce Bureau, only 22 of the more than 100 well-known trademarks in China were identified by the SAIC, and the rest were judicial cognizance.

In the clothing and shoes production base in Wenzhou, from 1999, Kangnai shoes were recognized by the industry and commerce administration, becoming the first well-known trademark of Wenzhou shoes. By the end of 2006, 15 shoes brands became well-known trademarks, and less than 2 well-known trademarks were acquired annually.

However, in the first 7 months of 2007, the shoe leather industry in Wenzhou increased by 15 well-known trademarks, all of which were identified through judicial procedures.

Reporters interviewed in the clothing industry base learned that some large enterprises are making preparations for judicial recognition of China's well-known trademarks, and even some small family businesses have this idea, even though their trademarks have not been registered for a long time.

It is a good thing for an enterprise of Chinese well-known trademark to apply for a well-known trademark, especially in judicial proceedings, for a company to kill two birds with one stone.

Once the company wins the lawsuit, the product will be recognized by the court as a well-known trademark. Even if the lawsuit is lost, the enterprise can achieve the effect of advertising promotion through the exposure of the news media.

Therefore, this way is very popular with enterprises.

Enterprises are keen on "judicial recognition", and correspondingly have produced a number of institutions and individuals who specialize in the whole process of agency and judicial cognizance of well-known trademarks in China.

The practice of these organizations or individuals is to send specialized business personnel to the enterprises that they think are potentially necessary and feasible, and to fully represent the whole event as they sell products.

They usually charge agent fees at a time after winning the lawsuit and deciding the success. They do not win the case, but they do not charge any fees.

It is understood that at present, enterprises entrust specialized agencies or individuals to recognize that the success rate of well-known trademarks in China is very high.

According to statistics, at present, there are at least 10 organizations in Quanzhou, Fujian.

Employees are mainly lawyers, advertising company employees, etc.

A judicial cognizance of China's well-known trademark project charges generally range from tens of thousands to hundreds of thousands of yuan, the number of fees depends mainly on the size of the lawsuit.

Enterprises that do well and have high brand awareness charge low fees; otherwise, the charges are relatively high.

Sometimes, there will be competition among institutions to find acquaintances or reduce prices for the same business.

Keen on judicial recognition of "China famous trademark", "I go to the mall to buy clothes, first look at whether the product is" China famous trademark "or" Chinese brand ", then look at the style, fabric and color of clothing, if it is a well-known trademark, I think it is a quality product.

And it is not easy to buy clothes that are not well-known or unfamiliar to China.

A middle-aged lady once told reporters.

As for the "well-known trademarks in China" whether it is for industrial and commercial identification or judicial determination, most consumers do not know completely in the interview, they believe that no matter what kind of brand should be trustworthy.

For the general garment enterprises, the profit margin of garment production is about seven or eight per cent at present. Taking Shishi a garment enterprise as an example, the sales revenue of one year can be increased by three or four percentage points or even six or seven percentile points after taking the well-known trademark of China.

Generally speaking, a similar garment can be sold for more than ten yuan or even tens of dollars if it is labeled with "China famous trademark".

In the words of a clothing boss, "having a well-known trademark in China means increasing the added value of the clothing brand".

There are tens of thousands of textile and clothing brands in China, but the number of large shopping malls is relatively limited. Large shopping malls not only have intensive human traffic, but also enhance the reputation of brand reputation.

To this end, access to these stores has become the pursuit of corporate brand.

The relative shortage of resources has made some high-end shopping malls a rigid standard for the brand to enter the market, which means that the products are well-known trademarks or famous brands in China.

This has become an important reason for enterprises to eagerly pursue the "well-known trademarks in China".

In addition, some local governments rely on the number of famous trademarks and famous brands in China to show the strength of the city, or to prove their achievements in the tenure of office, and actively encourage enterprises to strive for Chinese famous brands and well-known trademarks in China.

They also guided enterprises to create famous Chinese brands and well-known trademarks in China through preferential policies such as land approval, low interest loans and tax reduction.

In 2007, Nanan city of Fujian Province issued the "opinions of the Nanan Municipal People's Government on promoting the implementation of trademark brand strategy". The "opinions" pointed out that the enterprises with well-known Chinese trademarks recognized by the State Administration for Industry and commerce were commended by the Nanan municipal government, and 1 million yuan by the municipal finance once granted bonuses. The enterprises that have obtained the well-known trademarks in China through judicial recognition were commended by the Nanan municipal government, and a total of 500 thousand yuan was awarded by the municipal finance.

An enterprise chief told reporters that the well-known trademark of the State Administration for Industry and Commerce has not only applied for a long time but also has a limited number of applications.

Through the administrative procedures for applying for well-known trademarks, the local industry and Commerce Bureau should report to the SAIC at all levels, at least one to two years before applying.

In addition, if the declaration is not recognized as a well-known trademark, 1 years from the date of the result of the determination, the parties concerned shall not re submit the confirmation request with the same trademark on the same facts and reasons.

In addition, the application of administrative procedures is very demanding for the size of enterprises, market share of products, advertising and publicity of brands.

Therefore, many enterprises have exhausted their minds.

In contrast, judicial determination is relatively simple. The time limit for trial is 6 months. When a lawsuit is fought down, it usually takes six months to a year.

By contrast, enterprises are more interested in "judicial recognition".

Self made fake cases win the "judicial recognition". Some enterprises see their own counterparts or competitors' trademarks, and are very envious after being recognized by the court as a well known trademark in China. They also want to make their trademarks recognized as well-known trademarks in China by this way.

Many enterprises do not have the conditions of "well-known trademarks", but they defraud the identification of well-known trademarks by fabricating evidence materials, creating infringement cases and collating bureaus.

In June 2007, the intermediate people's Court of Xuancheng city of Anhui revoked the well-known trademark "Kang Wang Kanwan" of Shantou Kang Wang company. The well-known trademark of Shantou Kang Wang company was lost and the case became the first case in China that the well-known trademark was revoked.

The court investigation found that the attorney of the Shantou Kang Wang company found a copy of the identity card of a person named Li Zhaofang, who sought to register relevant Chinese domain names and then prosecuted with infringement.

In the whole case, Li Zhaofang himself did not participate in the case from beginning to end, and finally decided that the company's "judicial recognition" case was a false case.

Since then, the behavior of the company has been exposed in the media, which has attracted the attention of people from all walks of life, and the sales performance of the company has also been declining.

The experts of the China Trademark Association explained that "case identification and passive protection" do not confirm the validity period, which means that a well-known trademark is identified in a case and may not be identified or overturned in another case, resulting in the loss of well-known trademarks.

The experts believe that the intermediate people's courts in different places are not uniform in terms of specific operation standards, and there are certain differences, so that some small and medium enterprises that can not be identified have the opportunity to strike the ball in law.

In order to reduce the standard of local economic development, individual local courts provide well-known trademarks for some enterprises that are not qualified.

In view of this, some enterprises fail to fight in the intermediate people's courts in larger cities, so they choose some relatively remote cities to fight lawsuits.

According to many scholars, there is a major difficulty in identifying well-known trademarks in China, which is not fully established in the integrity system of enterprises.

Even if the court or administrative department makes such evidence and materials completely open, it is very difficult to avoid omissions.

As for some enterprises blindly pursue the well-known trademarks blindly, and take the way of deception and dishonesty to seek judicial recognition, finally, they can only end up in the "ruin".

Some enterprises see their own counterparts or competitors' trademarks, and are very envious after being recognized by the court as a well-known trademark in China. They also want to make their trademarks recognized as well-known trademarks in China by this way.

Many enterprises do not have "