What is the difference between well-known trademark registration and trademark registration
Well-known trademarks and trademark registrations are Two different concepts in different fields. Specifically, a well-known trademark usually refers to a trademark that enjoys a high reputation in the market. It is a legal concept. It is produced after strict legal procedures and is recognized by judicial authorities or administrative departments in accordance with the law. Its purpose is to resolve conflicts of trademark rights. , protect the legitimate rights and interests of well-known trademark owners. In recent years, with the progress of international intellectual property protection cooperation, the recognition of well-known trademarks in various countries has also been recognized by the trademark authorities and judicial authorities of other countries, making well-known trademarks play an important role in resolving international trademark rights disputes. effect. Trademark registration is the common name used by the general public for trademarks that have a high reputation in the market. It is generated through the evaluation of civil society or relevant industry management departments.
According to "The People's Republic of China According to the provisions of the Trademark Law and relevant regulations, in addition to enjoying the exclusive rights to trademarks arising from trademark registration in accordance with the law, well-known trademarks also have the right to prohibit others from registering or using their well-known trademarks on a certain range of non-similar goods. If a well-known trademark has strong distinctiveness and high popularity, it also has the right to prohibit others from using it as part of the company name. In modern society, consumers' demand for goods no longer only focuses on quality and appearance, but also on taste, charm and fashion. Trademarks embody culture, taste, and fashion, and represent a certain identity and status. Therefore, today, as science and technology become increasingly developed, knowledge and information continue to expand, and living standards continue to improve, trademarks themselves contain huge intangible assets.An indispensable and valuable asset for enterprises.
1. Well-known trademarks:
"Well-known trademark", also known as well-known trademark, first appeared in the Paris Convention for the Protection of Industrial Property signed in 1883 (hereinafter referred to as the "Paris Convention"). my country joined the Convention in 1984 and became its 95th member state. Like other member states that have joined the Paris Convention, special legal protection for well-known trademarks in accordance with the provisions of the Convention has become an important part of my country's trademark legal work.
A well-known trademark of the State Administration for Industry and Commerce of China The Trademark Office, based on the application of the enterprise, officially recognizes a trademark type that is widely known to the public in China and enjoys a high reputation. The protection of well-known trademarks is not limited to identical or similar goods or services. When applying for registration or use of different or dissimilar goods, they will not be registered and are prohibited from use. Therefore, well-known trademarks are endowed with relatively broad exclusivity. right.
2. Trademark registration
"Trademark registration" is the prerequisite and condition for the trademark user to obtain the exclusive right to trademark , only trademarks that have been approved and registered are protected by law. Trademark registration principles are the basic criteria for determining the exclusive rights of trademarks. The choice of different registration principles is the result of the legislators of various countries weighing the relationship between legal certainty and legal fairness in this issue.
Through the above information, we now know what a well-known trademark is, what trademark registration is, and the difference between well-known trademark registration and trademark registration. . The above is the relevant information brought to you by the editor of Legal Savior Network on the difference between well-known trademark registration and trademark registration. I hope it will be helpful to you. If you still have any questions, you are welcome to seek online legal consultation.