The New Trademark Law Has Been Implemented And China Has Entered The Era Of "Well Known Trademark".

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< p > the new trademark law has been implemented since May 1st. According to the regulations, "China famous trademark" will be banned in commodity packaging, publicity and business activities. < /p >
< p > public opinion believes that this regulation will make the "famous trademark" return to the true meaning of the legal protection means, and it is also a manifestation of the government's right to market and respect consumers' choice. < /p >
< p > > 20 years ago, "< a href=" http://sjfzxm.com/news/index_cj.as "China famous trademark < /a >" as a legal concept, has been dissimilated as a symbol of honor. All these will become history with the implementation of the new trademark law. < /p >
< p > < strong > "well-known trademark" is a non honorary title of legal concept < /strong > < /p >.
< p > as a product logo, since September 19, 1991, the first batch of "China famous trademark" has been born for more than 20 years. Over the past 20 years, consumers have always regarded "well-known trademarks" as an honorary title, a symbol of good quality, but this is not the case. < /p >
< p > the "well-known trademark" was first stipulated in the Paris Convention on the protection of industrial property rights signed in 1883 (hereinafter referred to as the Paris Convention). The Paris convention actually provides a relative protection for well-known trademarks. In order to avoid the first use of trademark producers, its < a > trademark > /a > has been widely known as a well-known trademark within a certain range. However, the loss caused by the failure to register in time and others being preempted will be a danger of confusion. < /p >
< p > since 1991, there have been NGOs in China on the selection of well-known trademarks in China. In 2001, the "well-known trademark" appeared in the second revision of the trademark law. In 2003, the State Administration for Industry and Commerce issued the "Regulations on the recognition and protection of well-known trademarks", and adopted a passive identification method for well-known trademarks. According to the fourteenth provision of the trademark law, the following factors should be considered for identifying well-known trademarks: 1, the degree of awareness of the relevant public about the trademark; 2, the duration of the trademark's use; 3, the duration, extent and geographical scope of any publicity work of the trademark; 4, the trademark as a record of the protection of well-known trademarks; 5, other factors of the well-known trademark. < /p >
< p > although the "famous trademark" represents the reputation of the product, it is a legal concept in its original sense. In order to give the trademark which accords with the "well-known trademark" condition to give special protection compared with the general trademark, in the legal rectification of trademark registration, trademark infringement and related unfair competition, the "well-known trademark" provides a cross industry protection for the enterprise trademark, not an honorary title. But with the changes of the times, its role has gradually been alienated. Many enterprises have packaged the "well-known trademark" as a good product with good quality and certified by the business sector to promote and marketing products and mislead consumers. < /p >
< p > in addition, if a trademark is known as "China's well-known trademark", the main criterion is that the trademark enjoys a high reputation in the market and is well known to the public. The selection of famous trademarks is gradually alienating into a malformed industrial chain that every enterprise, intermediary and selection party needs, and becomes a tool for related departments to rent and collect money: Honor - interest drive - identifying fraud - being questioned by the public - losing credibility, and "giving money to be famous" has further damaged the credibility of the "well-known trademark" market. This has become a fatal killer of the well-known trademark system. < /p >
< p > < strong > the right market respects consumers' choice < /strong > /p >
< p > the provisions of the new trademark law make it possible for the famous trademark to return to the original legal protection of "a href=" http://sjfzxm.com/news/index_cj.as "trademark infringement dispute < /a >. It is also a manifestation of the government's right to the market and respect for consumption choices. < /p >
< p > the quality and marketing of large enterprises that have gained "well-known trademarks" for a long time are excellent. Moreover, the publicity of commodities has been deeply rooted in the hearts of the people and the brand benefits have been formed. Therefore, the impact of leaving the "well-known trademark" has little influence on these large enterprises. However, the new trademark law has great influence on some growth enterprises and some clothing brands that have just gained "well-known trademarks". In this regard, Lin Dongliang, President of the Quanzhou famous brand research association, said that many garment enterprises are anti season production, for example, clothing next spring and summer has been completed this year, and clothing inventory generally costs two or three years. In the short term, it is not realistic to clean up. If the new label is replaced, it will be too high. < /p >
< p > "limited disabling short-term pain will be painful but it will be a good thing in the long run." Wang Yong, Secretary General of the brand China industry alliance, said that in the long run, disabling is conducive to cultivating the real competitiveness of enterprises. If an enterprise's product or service is really hard, consumers may complain more than just a single product or service. Instead, they will question all well-known trademarks and even question the credibility of government regulators. Now the government departments are speeding up the transformation to the "limited government", which should be the direction of reform. < /p >
The words "P", "well-known trademarks", which can no longer be used for advertising and business activities, have given warning to many enterprises. Only by doing a solid job in a good way, can we attract consumers with cost performance and word of mouth, which is the real kingly way. At the same time, the new trademark law has brought our country into a "post famous trademark" era. The number of well-known trademarks will be greatly reduced and enterprises will be more cautious. However, this is not a denial of "well-known trademarks". In the aspect of enterprise name protection, listing, bidding, and other preferential policies, "well-known trademarks" still have the advantages that ordinary trademarks can not match. < /p >