What are my country's regulations on the protection of unique names of well-known commodities
Well-known products refer to products that are popular in a specific market Products that have a certain reputation and are known to the relevant public. Well-known commodities are not honorary titles assessed through legal procedures, but legal facts determined by the people's courts and relevant administrative law enforcement departments in handling individual cases. Well-known commodities reflect the popularity of a specific commodity in a specific market. This popularity involves regional factors and human factors in the specific market. Therefore, for the identification of well-known goods, it is difficult to formulate a specific standard suitable for whether various types of goods are well-known.
In practice, it is determined whether a specific product is Well-known commodities are identified based on the degree of knowledge of the specific commodities within a certain geographical scope, such as provinces, prefectures and other specific markets, among those who have sales, purchase and other transaction relationships with the specific commodities, as well as producers and operators in the same industry. In specific operations, a comprehensive judgment should generally be made with reference to the advertising volume, sales time, sales volume, market share, reputation and other factors of the specific product.
The unique name of a well-known product
The name of the product is a description of the product.There is a distinction between common names and unique names. A common name refers to the name of all similar goods. It can only indicate the category of a certain product, but cannot distinguish this product from another product in the same category. A unique name is a unique title for an individual commodity, which can distinguish this commodity from another commodity in the same category. According to legal provisions, only the unique name of a well-known product can be protected by the Anti-Unfair Competition Law as a commercial mark representing the meaning of competition law.
Several Provisions on Prohibiting Unfair Competition from Counterfeiting the Unique Names, Packaging, and Decoration of Well-Known Products issued by the State Administration for Industry and Commerce states: "The unique names of well-known products refer to A product name that is unique to a well-known product and is significantly different from a common name. Except for the name that has been registered as a trademark." To determine whether a name is unique to a specific product, you can consider the following aspects: First, Whether the name is first used by the producer and operator of a certain individual commodity. If a producer or dealer producing similar products has already used it before, then for any other producer or dealer producing similar products, the name no longer has the characteristics of distinguishing its own products from other commodities, and therefore it is No longer unique.
Used first to determine whether the product name is unique external standards. Second, to determine whether the name of an individual product is unique, we cannot judge solely based on the literal meaning of the name or whether the combination of words is creative, nor can we separate the combination of words to explore whether the meaning of each component is creative. The name as a whole should be examined to see whether it becomes an identifier of a specific commodity that is clearly distinguishable from other similar commodities. The ability to identify a specific product is an intrinsic criterion for determining whether a product name is unique. Third, there are differences in legal protection between unique names and registered trademarks. The unique names of well-known commodities are similar in function to trademarks, that is, they are both used to identify the source of the commodities. However, trademarks need to go through specific legal procedures, that is, registration, in order to be legally protected, while the unique names of well-known commodities do not require any department’s approval. It is awarded after approval, but relies on the wisdom of the producers and operators to carefully design and use the excellent quality of the goods and thoughtful after-sales service to win in the fierce market competition. It has significant distinguishing characteristics. Therefore, the unique name of a well-known product is its unique name. A kind of market formation formed by the painstaking efforts of producers and operatorsfruit. It can be said that a unique name is the result of market use. As long as a product name has the function of distinguishing related products in the market, it should be deemed to have the meaning of a unique name and be protected by the Anti-Unfair Competition Law.
Unique names are unique titles for individual products. , this title can distinguish this product from that product among similar products. According to legal provisions, only the unique name of a well-known product can be protected by the Anti-Unfair Competition Law as a commercial mark representing the meaning of competition law.
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