Well known trademark What is the concept of a well known product?

A well-known trademark in China refers to a trademark that has been recognized as a "well-known trademark" by the competent authority (the Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the People's Court) in accordance with legal procedures. According to the Provisions on the Recognition and Protection of Well-known Trademarks promulgated by the State Administration for Industry and Commerce on April 17, 2003, its meaning can be summarized as a trademark that is widely known to the relevant public in China.

A well-known trademark is a type of trademark officially recognized by the Trademark Office of the State Administration for Industry and Commerce of China according to the application of enterprises, and is widely known to the public in China and enjoys a high reputation. The protection of well-known trademarks is not limited to the same or similar goods or services, and when the application for registration or use of non-identical or dissimilar goods is not registered, the use will be prohibited and prohibited, so well-known trademarks are endowed with a relatively wide range of exclusive rights. In addition, the company name and the domain name of the enterprise holding the "well-known trademark" will be subject to special legal protection that is different from that of 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.

The declaration of a well-known trademark has a great effect on trademark protection, but it seems that the declaration fee is not low!

Let me tell you this, the ordinary trademark we are talking about is also the trademark we usually register is called an ordinary trademark, compared with the ordinary trademark, it has been used in the market, and it can be called a well-known trademark if it has a certain reputation, and the well-known trademark is a national trademark with legal benefits. I hope my answer can help you, Yuyang Intellectual Property is at your service.

The definition of a well-known trademark is: a well-known trademark refers to a trademark that has been granted special protection by the Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the people's court in accordance with legal procedures and is well known to the relevant public. In addition, a well-known trademark has a certain degree of relevant public awareness, has a period of continuous use, and has a record of being protected as a well-known trademark.

1. How to judicially identify unregistered well-known trademarks.

Criteria for judicial recognition of unregistered well-known trademarks:

1. A record of the trademark being protected as a well-known trademark;

2. The duration, extent and geographical scope of any publicity work for the trademark;

3. The degree of awareness of the relevant public about the trademark;

4. The standards for judicial recognition of unregistered well-known trademarks as stipulated by other laws.

2. Whether a well-known trademark needs to be registered.

Need. An unregistered trademark cannot be recognized as a well-known trademark. A well-known trademark can be recognized if the following conditions are met:

1.the extent to which the trade mark is known to the relevant public;

2.the duration of the use of the trademark;

3.the duration, extent and geographical scope of any publicity work for the mark;

4.a record of the trademark being protected as a well-known trademark;

5.Other factors that make the mark well-known.

3. What necessary supporting materials need to be provided to apply for recognition of a well-known trademark?

Supporting materials to be provided to apply for recognition of a well-known trademark: (1) materials proving the degree of awareness of the relevant public about the trademark; (2) Relevant materials proving the duration of use of the trademark, including the history and scope of use and registration of the trademark; (3) Relevant materials proving the duration, extent and geographical scope of any publicity work of the trademark, including the manner, geographical scope, type of publicity and advertising volume of advertising and other relevant materials; (4) Relevant materials to prove the record of the protection of the trademark as a well-known trademark, including the relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions; (5) Other evidentiary materials proving that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main commodities using the trademark in the past three years.

Article 13 of the Trademark Law of the People's Republic of China.

If the trademark applied for registration in respect of the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that is not registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

Article 14. A well-known trademark shall, at the request of the parties, be determined as a fact that needs to be determined in handling a trademark case. The following factors shall be considered in the recognition of a well-known trademark:

1) the degree of awareness of the relevant public about the trademark;

2) the duration of use of the trademark;

iii) the duration, extent and geographical scope of any publicity work for the trademark;

4) a record of the trademark being protected as a well-known trademark;

5) Other factors that make the trademark well-known.

Legal analysis: A well-known trademark refers to a trademark that has been recognized as a "well-known trademark" by the competent authority (the Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the People's Court) in accordance with legal procedures. According to the Provisions on the Recognition of Well-known Trademarks and the Protection of Wuqinxiao promulgated by the State Administration for Industry and Commerce, its meaning can be summarized as follows:

A well-known trademark is a trademark that is well known to the relevant public in China.

Legal basis: Provisions on the Recognition and Protection of Well-known Trademarks Article 2 A well-known trademark is a trademark that is well known to the relevant public in China. The relevant public includes consumers related to the use of certain types of goods or services indicated by the trademark, other operators who produce the aforesaid goods or provide services, and sellers and related personnel involved in the distribution channels.

According to the definition of China, a well-known trademark only needs to meet two conditions:

1. Be known to the relevant public;

2. Enjoy a higher reputation than burying grandchildren.

It can be seen that the requirements for well-known trademarks are not high. From the perspective of the definition of well-known trademarks, there should be many forms of well-known trademarks, from the perspective of well-known regions, there are national well-known trademarks and local well-known trademarks; From the perspective of the relevant public, there are trademarks that are well-known to all consumers, such as consumer goods, and trademarks that are well-known to specific consumer groups, for example, some trademarks are only well-known to consumer groups in specialized fields.

1. Conditions for the recognition of well-known trademarks.

Most of China's well-known trademarks are recognized by the State Administration for Industry and Commerce (Trademark Office and Trademark Review and Adjudication Board), which has a larger proportion of well-known trademarks than the people's courts. In the event of a dispute arising in the process of trademark registration, use and review, the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board may, at the request of the parties, determine whether the trademark constitutes a well-known trademark based on specific facts.

Article 14 of the Trademark Law stipulates that the following factors shall be considered in determining a well-known trademark:

1. The degree of awareness of the relevant public about the trademark.

2. The duration of the use of the trademark.

3. The duration, extent and geographical scope of any publicity work for the trademark.

4. The record that the trademark is protected as a well-known trademark.

5. Other factors that make the trademark well-known.

2. What are the protection measures for well-known trademarks?

1. Unregistered well-known trademarks.

Paragraph 1 of Article 13 of the Trademark Law stipulates that if a trademark applied for registration in respect of identical or similar goods is a copy, imitation or translation of a well-known trademark of another person that has not been registered in China, and is likely to be confused, it shall not be registered and its use shall be prohibited. It can be seen that unregistered well-known trademarks enjoy exclusive rights similar to ordinary registered trademarks.

2. Registered well-known trademarks.

Paragraph 2 of Article 13 of the Trademark Law stipulates that if a trademark for registration of non-identical or dissimilar goods is a copying, imitation or translation of a well-known trademark already registered in China by another person, misleading the public, causing the interests of the registrant of the well-known trademark to be harmed, it shall not be registered and its use shall be prohibited. It can be seen that, in addition to enjoying the exclusive right to use the trademark generated by the trademark registration in accordance with the law, the registered registrant of a well-known trademark also has the right to prohibit others from registering or using its well-known trademark on a certain range of non-similar goods, and even has the right to prohibit others from using its well-known trademark as part of the enterprise name.