The difference between well-known trademark registration and trademark registration

In daily life, many people still don’t know what trademark registration is, what well-known trademark registration is, and they don’t know the difference between trademark registration and well-known trademark registration. Today, the editor of Legal Savior Network has compiled the following content on "the difference between well-known trademark registration and trademark registration" to answer your questions. I hope it will be helpful to you.

The difference between well-known trademark registration and trademark registration

Well-known trademark and famous brand 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. Famous brands are the common names used by the general public for those trademarks that have a high reputation in the market. They are generated through the evaluation of civil society groups or relevant industry management departments. Its purpose is to confer an honor to enterprises without any The legal status is not recognized by the trademark authorities and judicial authorities of other countries.

According to the provisions of the "Trademark Law of the People's Republic of China" 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 other A person registers or uses his well-known trademark 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, 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 and are indispensable and valuable assets for enterprises.

Well-known trademark

Well-known trademark is the Trademark Office of the State Administration for Industry and Commerce of China. According to the enterprise’s Application, an officially recognized trademark type, 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 their use will be prohibited. Therefore, well-known trademarks are givenRelatively broad exclusivity rights. Moreover, the company name and website domain name of the company holding the "well-known trademark" will receive special legal protection different from ordinary trademarks. So far, a total of 1,624 trademarks have been recognized as "well-known trademarks" in China, of which 98 are foreign brands.

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.

Differences from famous Chinese trademarks

Chinese famous trademarks are not legal concepts, so they do not have any Recognition standards and conditions. If a company claims to be a famous Chinese trademark, there is no problem other than false propaganda. Well-known trademarks are clearly stipulated by law and have certain recognition conditions and procedures. Generally speaking, the name of a famous trademark refers to a provincial famous trademark recognized by the provincial industrial and commercial bureau, which means that it has the same legal effect as a Chinese well-known trademark in the province. The recognition of well-known trademarks is currently divided into two types: administrative recognition and judicial recognition. Administrative recognition is determined by the State Administration for Industry and Commerce; judicial recognition is determined by the people's courts above the intermediate level.

Through the editor's introduction, I believe everyone has a certain understanding of this issue. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. Welcome You consult with a lawyer on this website.