What are the differences between well-known trademark protection and ordinary trademark protection
1. Well-known trademarks and ordinary trademarks have different meanings A well-known trademark is a trademark that is widely known to the relevant public in China and enjoys a high reputation. Ordinary trademarks do not need to be widely known to the relevant public in China, nor do they need to enjoy a high reputation.
2. Different identification or acquisition methods for ordinary trademarks. It is recognized by the Trademark Office, while well-known trademarks sometimes require recognition by the Trademark Review and Adjudication Board or judgment by the court.
3. Ordinary trademarks have different protection strengths under normal circumstances. The vast majority of trademarks that do not receive special legal protection are used below; once a well-known trademark is recognized, it enjoys special legal protection.
China's famous brand products and well-known trademarks Difference
1. The legal basis and implementing authorities 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 national industrial and commercial administration According to the State Administration's Order No. 5 "Regulations on the Recognition and Protection of Well-Known Trademarks", an enterprise's well-known trademark must apply to the Trademark Office of the State Council's industrial and commercial administration department. After being recognized, it will be a well-known trademark and enjoy the rights of a well-known trademark.
2. The two have different connotations.
A well-known trademark refers to a trademark that has been widely publicized to the relevant public in China. A trademark that is well known and enjoys 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 those of domestic enterprises Registered trademarks also include trademarks registered by foreign companies in China. The evaluation of famous brand products is limited to products of Chinese companies, and applications for products using foreign (overseas) trademarks will not be accepted.
4. The evaluation mechanisms of the two are different.
5. The identification conditions of the two are different.
The components of a well-known trademark are: materials related to the trademark’s registration history and scope of use; the methods, geographical scope, types of publicity media and amount of advertising for the trademark’s publicity and promotional activities and other relevant materials; past record materials of the trademark being protected as a well-known trademark in China or other countries or regions; relevant materials such as the output, sales volume, sales revenue, profits and taxes, and sales area range of the goods using the trademark in the past three years. And China The evaluation of 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 enterprise's production technical conditions, technical equipment, technology Innovation and product development capabilities; the standard level of product implementation; the company's measurement and testing system, measurement assurance capabilities, and 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. The identification of well-known trademarks 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 regarded as a protected record , submitted to the Trademark Office for arbitration. The assessment of China's famous brand products is mainly to grant an honor to enterprises and is part of the national award mechanism.
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