What is the difference between well-known trademark protection and ordinary trademark protection
1. The legal basis and implementation departments of the two are different. The recognition of well-known trademarks in China is based on the "Trademark Law of the People's Republic of China" and the "Trademark Law Implementation Rules" formulated in accordance with this law and the State Administration for Industry and Commerce Order No. 5 "Regulations on the Recognition and Protection of Well-known Trademarks". The well-known trademarks of enterprises must Apply to the Trademark Office of the Industrial and Commercial Administration Department of the State Council, and then it will be recognized as a well-known trademark and enjoy all the rights of the well-known trademark. The evaluation of China's famous brand products is based on the "Product Quality Law of the People's Republic of China" and the "Quality Promotion Outline" formulated by the State Council. The General Administration of Quality Supervision, Inspection and Quarantine authorized the China Famous Brand Strategy Promotion Committee to uniformly organize and implement the evaluation of China's famous brand products.
2. The two have different connotations. Well-known trademarks refer to trademarks that are widely known to the relevant public in China and enjoy a high reputation. Chinese famous brand products refer to products whose physical quality has reached the advanced level of similar international products, is in a leading position among similar domestic products, has market share and popularity at the forefront of the industry, has high user satisfaction, and has strong market competitiveness. It can be seen from this that the connotation of a well-known trademark is a trademark, while the connotation of a famous brand product is a specific product.
3. The objects of the two are different. The recognition objects of well-known trademarks include both registered trademarks of domestic enterprises and trademarks registered in China by foreign enterprises. The evaluation of famous brand products is limited to products of Chinese enterprises, and applications for products using foreign (overseas) trademarks will not be accepted.
4. The evaluation mechanisms of the two are different. According to the new well-known trademarks issued by the State Administration for Industry and Commerce, they will be transformed from an honor for enterprises into a means of legal protection, and will no longer be subject to batch evaluation and recognition organized by the state. The introduction of this new regulation means that the history of batch assessment of well-known trademarks has become a thing of the past.
The evaluation of Chinese famous brand products is conducted once a year. The China Famous Brand Strategy Promotion Committee announced the product catalog for the evaluation of Chinese famous brand products. Applications for products that are not in the evaluation catalog for that year will not be accepted.
5. The identification conditions of the two are different. The components of a well-known trademark are: relevant materials about the trademark’s registration history and scope of use; relevant materials about the trademark’s publicity and promotional activities, geographical scope, types of publicity media, and the amount of advertising; the trademark’s popularity in China or Past record materials of being protected as a well-known trademark in other countries or regions; relevant materials such as the output, sales volume, sales revenue, profits and taxes, and sales area range of goods using the trademark in recent years. The evaluation of China's famous brand products focuses on: physical quality level; market share, export exchange rate, brand awareness, annual sales, realized profits and taxes, industrial cost and expense profit rate, total asset contribution rate; the company's production technical conditions and technical equipment , technological innovation, product development capabilities; the standard level of product implementation; the company's measurement and testing system, measurement assurance capabilities, quality management system; the company's after-sales service system and customer satisfaction and other indicators must be at the forefront of the entire industry.
6. The consequences of the two identifications are different. After a well-known trademark is confirmed, it can receive greater protection than an ordinary trademark and is recognized as well-knownTrademark is a legal protection method for resolving trademark infringement disputes. It adopts the principles of "case-by-case identification" and passive protection. If a product that has obtained a well-known trademark encounters an infringement dispute, the well-known trademark can be submitted to the Trademark Office for arbitration as a protected record. According to regulations, apart from infringement disputes, well-known trademarks have no meaning to an enterprise.
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