What is the difference between a famous trademark and a well-known trademark
1. The accreditation agencies are different. Well-known trademarks are recognized by the Trademark Office of the State Administration for Industry and Commerce or the People's Court according to judicial procedures, while famous trademarks are recognized by the provincial industrial and commercial departments.
2. The identification standards are different. A well-known trademark must be known to the relevant public across the country, while a famous trademark can be known to the relevant public in the province or local area (city).
3. The scope of protection is different. Well-known trademarks not only receive varying degrees of cross-category protection, but also receive protection from the Trademark Office and judicial departments depending on the recognition department. The scope and extent of protection for famous trademarks is significantly smaller than that of well-known trademarks.
4. The functions of publicity are different. The Trademark Law clearly stipulates that manufacturers and operators shall not use the words "well-known trademark" on goods, product packaging or containers, or in advertising, exhibitions and other commercial activities. Recognized famous trademarks can be used on goods and their packaging, decoration, instructions, business correspondence, and business promotions.
Analysis of the concept of "well-known trademark" and protection measures
Well-known trademark is a product of China’s national industrial and commercial administration The departmental 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.
1. Special protection for well-known trademarks. Ordinary trademarks can only receive legal protection in the categories of goods or services that are approved for registration, while well-known trademarks can obtain varying degrees of cross-category protection; well-known trademarks can resist malicious registration by others, and other companies are not allowed to use well-known trademarks as domain names or company names. Name registration.
2. Cross-category protection of well-known trademarks. Well-known trademarks can obtain different levels of cross-category protection depending on their degree of well-knownness. In actual implementation, well-known trademarks recognized by the State Administration for Industry and Commerce are uniformly registered and announced in the State Administration for Industry and Commerce. Even if someone is not with meIf you apply for a trademark that is identical or similar to a well-known trademark on identical or dissimilar goods, the Industry and Commerce Bureau will generally refuse to approve the registration. Well-known trademarks recognized by the judiciary will not receive active protection from the Industrial and Commercial Administration. When infringement occurs, their owners can only file lawsuits in court to defend their rights.
3. Judicial protection of well-known trademarks. Paragraph 2 of Article 13 of the Trademark Law stipulates that if a trademark applied for registration for identical or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, and is likely to cause confusion, it shall not be registered and its use shall be prohibited; " Article 13, Paragraph 3 of the Trademark Law stipulates that a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be at risk. If damaged, registration will not be granted and use will be prohibited.
Analysis and advantages of the concept of "famous trademark"
The so-called famous trademark refers to a high market reputation and commercial value, are well known to the relevant public, and are registered trademarks recognized in accordance with the law. Famous trademarks have a high reputation within a certain geographical area, and their recognition agency is the provincial industrial and commercial administration department. Recognized famous trademarks can be used on goods and their packaging, decoration, instructions, business correspondence, and business promotions, and the goods they refer to will be regarded as well-known goods.
No one may use famous trademarks or similar trademarks for product names, packaging or decoration; nor may they use names unique to or similar to famous products. packaging or decoration. If the use of trademark elements that are identical or similar to a famous trademark on goods that are different or similar to famous goods may cause misunderstanding by the relevant public, the industrial and commercial administration department will prohibit it. If words that are the same as or similar to a famous trademark are used as a company name or trade name, which will cause damage to the rights and interests of the famous trademark, the industrial and commercial administration department will not register it. Of course, exceptions are made if the company name and trade name are registered first.
Famous trademarks will receive more protection and it will be easier to defend their rights. The "Anti-Unfair Competition Law" clearly states that others are prohibited from using the unique names, packaging and decoration of famous trademarks without authorization. In daily market inspections, the industrial and commercial administration authorities often prioritize famous trademarks and carry out special law enforcement activities. Famous trademarks can also help expand a company's social visibility and influence, help companies gain more profits, and are an important driving force for companies to formulate and implement trademark development strategies.
When you encounter a dispute over famous trademark application and you cannot resolve it yourself, you can consult a lawyer on the Legal Savior Network.
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