How are well-known products and unique names recognized?
Well-known products, It refers to a product that has a certain reputation in the market and is known to the relevant public. The term "unique" as mentioned in these regulations means that the product name, packaging, and decoration are not common to related products and have significant distinguishing characteristics.
The unique name of a well-known product refers to a product name that is unique to a well-known product and is significantly different from its common name. However, this is except where the name has been registered as a trademark.
Packaging refers to the auxiliary materials and containers used on commodities to identify commodities and facilitate carrying, storage and transportation.
Decoration refers to the words, patterns, colors and their arrangements and combinations attached to the goods or their packaging in order to identify and beautify the goods.
What is the difference between the unique name of a well-known product and a trademark?
The unique name of a well-known commodity refers to a commodity name that is not commonly used by related commodities, has significant distinguishing characteristics, and enables consumers to distinguish the commodity from similar commodities of other operators through its use on the commodity. But once it has been registered as a trademark, it no longer has the attribute of a unique name for a well-known product, but has the exclusivity of a registered trademark right.
Unique name is a common name relative to the product In terms of. The common name of a commodity cannot obtain the exclusive right to use the unique name of a well-known commodity: when judging the common name, not only the commodity names that have been listed in national or industry standards, professional reference books, and dictionaries should be recognized as common names, but also the names that have been listed in the same name. Nouns that are commonly used by industry operators to represent a certain type of goods shall also be recognized as the common names of the goods.
Trademarks refer to trademarks used by producers and operators of goods on the goods they produce, manufacture, process, select or distribute, or by service providers on the services they provide. , a sign with distinctive features that is composed of words, graphics or a combination thereof to distinguish the source of goods or services.
What are the unique names that cannot be recognized as well-known products
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases of Unfair Competition. Article 2 The name, packaging, and decoration of goods with distinctive features that distinguish the source of the goods shall be deemed to be the products specified in Article 5 of the Anti-Unfair Competition Law. The "unique name, packaging and decoration" specified in item (2). In any of the following circumstances, the people's court will not recognize the name, packaging, and decoration unique to well-known commodities:
(1) The common name, graphics, and model of the commodity ;
(2) Trade names that only directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Shape resulting only from the nature of the commodity itself, shape of the commodity required to obtain technical effects and shape that makes the commodity have substantial value;(4) Other product names, packaging, and decoration that lack distinctive features.If the circumstances specified in items (1), (2), and (4) of the preceding paragraph have acquired distinctive features through use, they may be recognized as unique names and packaging. , decoration.
The unique name, packaging, and decoration of well-known products contain the common name, graphics, and model of the product, or directly indicate the quality, main raw materials, functions, Purpose, weight, quantity and other characteristics, or containing place names, if others use it legitimately because they objectively describe the goods, this does not constitute unfair competition.
The above is the editor's answer to the question "How to identify well-known products and unique names?" The unique names of well-known products refer to the unique names of well-known products. A trade name that is significantly different from the common name. However, this is except where the name has been registered as a trademark. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
