Can time-honored brands be used as trademarks
"Trade name" is not a legal concept. The basis for its protection is the relevant provisions of Article 6 (3) of the Anti-Unfair Competition Law, which prohibits "the unauthorized use of other people's business names to cause people to mistakenly think that they are other people's goods." Article 6, paragraph 1, of the Supreme People's Court's "Interpretations on Several Issues Concerning the Application of Laws in the Trial of Civil Cases Against Unfair Competition" stipulates that the protection of enterprise names extends to "enterprise names that have a certain market reputation and are known to the relevant public." Font size". In Article 10 of the 2009 Supreme People's Court's "Opinions on Several Issues Concerning the Overall Situation of Intellectual Property Trial Services under the Current Economic Situation", the word "trade name" appears for the first time. The scope of "trade name" here is slightly wider than that of "trade name", except in the company name. In addition to the font size, it also includes the company or the abbreviation of the company name; the visibility requirement is slightly higher, ranging from "known" to "well-known" by the relevant public. In judicial practice, trade names and trade names are often used interchangeably, and there is no strict distinction; however, the author uses "trade name" in this article to facilitate distinction from "time-honored trade names", and secondly, "trade name" and enterprise name have different differences in the generation mechanism and scope of protection. The difference is more obvious. "Trade name" is actually a type of commercial identifier. In terms of its function of distinguishing the source of goods and services, it is more likely to conflict with trademarks.
Time-honored brands, according to their different certification agencies, are divided into "Chinese time-honored brands" and local time-honored brands (such as "Beijing time-honored brands" and "Zhejiang time-honored brands"). "Chinese time-honored brands" are reviewed and recognized by the Ministry of Commerce in accordance with the "Chinese Time-honored Brands Recognition Standards (Trial)" issued by it. Local time-honored brands are assessed by the commerce authorities of various provinces and municipalities in accordance with relevant methods formulated by them. For example, the Zhejiang Provincial Department of Commerce According to the "Measures for the Recognition of Zhejiang Time-honored Brands", the Economic and Trade Commission of Shandong Province conducts the selection and recognition of time-honored brands within their respective provinces according to the "Measures for the Recognition and Management of Shandong Time-honored Brands". According to the aforementioned norms and methods, time-honored brands are defined as brands that have a long history, have products, skills or services passed down from generation to generation, have a distinct traditional Chinese cultural background and profound cultural heritage, and are widely recognized by society and have a good reputation. The "brand" here should be broadly understood as a commercial logo, and the rights it embodies can be either the registered trademark of a time-honored brand, or the unique decoration, decoration, or design of a time-honored store.The packaging of time-honored products, the unique names of the products, and even Internet domain names registered based on time-honored brands.
The above content is the relevant answer. When we apply for a trademark, we can choose a few more to apply for, because if it is the same as other people’s trademarks, we will not be able to apply for it. In many areas of our country, time-honored brands are selected and recognized every year. However, it is very difficult to apply for use as a trademark. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.