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1) A trademark is a distinctive sign, which is not only different from a sign with a narrative and public nature, but also a sign that distinguishes it from the goods or services of others, so as to facilitate the identification of consumers.
2) The trademark is exclusive. The purpose of using a trademark is to distinguish it from other people's goods** or services and to make it easy for consumers to identify them. Therefore, the owner of a registered trademark has the exclusive right and exclusive right to use his trademark, and no one else may use it without the permission of the registered trademark owner.
Otherwise, it constitutes an infringement of the trademark right of the registrant and violates the trademark laws and regulations of China.
3) The trademark has value. The trademark represents the quality reputation and corporate reputation and image of the trademark owner's production or operation, and the trademark owner has added value to the trademark through the creativity, design, application for registration, advertising and use of the trademark. The value of a trademark can be determined through appraisal.
Trademarks can be transferred for a fee; With the consent of the trademark owner, it is licensed to others.
4) Trademarks are competitive and are a tool to participate in market competition. The competition of producers and operators is the competition between the quality and reputation of goods or services, and its manifestation is the competition of trademark visibility, the higher the popularity of the trademark, the stronger the competitiveness of its goods or services.
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Hello, Article 2 of the Provisions: "A well-known trademark in these Provisions refers to a trademark that is widely known to the relevant public in China and enjoys a high reputation. It can be seen that the understanding of well-known trademarks has been in line with international standards. In China, well-known trademarks have the following characteristics:
1) refers to a well-known trademark in "China". The scope of the territory is only limited to the territory of China, that is to say, whether it is well-known or not is only required to be judged within the territory of China, and whether it is well-known abroad and whether it is known to others does not affect the judgment of a well-known trademark.
2) Be "widely known to the relevant public". Chi, from the perspective of the Chinese language, has the meaning of transmission; To be well-known is to be very famous through dissemination. The target audience of fame is not the owner, but the relevant public.
The relevant public is a requirement for quantity, and wide awareness is a requirement for degree. What is the relevant public? According to the Provisions, it refers to consumers related to a certain type of goods or services indicated by the use of trademarks, other operators who produce the aforesaid goods or provide services, and sellers and related personnel involved in distribution channels.
Widely known, the Provisions do not explain, this article believes that widespread knowledge means that the trademark is widely disseminated and well-known to everyone within the scope of the relevant public. In order to make it easier to grasp, some countries even concretize it, such as in France, 20% of consumers know it, which can be initially determined to be well-known; In Germany, it's around 40 percent.
3) It should enjoy a high reputation. In addition to being widely known to the relevant public, a well-known trademark also requires a high reputation. That is, the public has a high evaluation of the goods or services indicated by the trademark in terms of quality, after-sales attitude, social contribution, etc.
In the process of a brand's growth and cultivation, it often takes years or even decades, and in this process, the reputation of the enterprise gradually penetrates into the minds of consumers, which is reflected in the fact that its products have a relatively stable customer base or a certain stable market share in the market.
4) It can be a registered trademark or an unregistered trademark. In 1996, China's State Administration for Industry and Commerce (now renamed the State Administration for Industry and Commerce) issued the Interim Provisions on the Recognition and Administration of Well-known Trademarks (hereinafter referred to as the "Interim Provisions"), which positioned well-known trademarks as registered trademarks. The 2003 Provisions amended the 1996 Interim Provisions to position well-known trademarks as trademarks.
In this way, the scope of recognition of well-known trademarks in China can be consistent with international conventions and international practices thereafter.
Hope it helps.
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1. Strong cognitive function. It is the basic function of a trademark to identify and distinguish between different goods. The relationship between a well-known trademark and its goods or services is very close, and the function of attracting customers to recognizable shopping can be translated into huge economic benefits.
2. The quality of the goods is constant and excellent. Although the quality of goods or services under well-known trademarks is high, medium and low, the quality level can maintain continuity, stability and reliable quality. The good reputation of the goods or services is condensed into the popularity of the trademark, and for consumers, a well-known trademark means reliable product quality and good corporate reputation.
Article 3 of the Trademark Law of the People's Republic of China is a registered trademark approved by the Trademark Office, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.
For the purposes of this Law, the term "certification trademark" refers to a sign controlled by an organization that has the ability to supervise a certain kind of goods or services, and is used by units or individuals other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.
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Correct answer: First, well-known trademarks have a long history and high popularity. The second is a well-known trademark with a long-term guarantee of quality and an outstanding reputation.
Third, well-known trademark products have a wide range of sales and a high market share. Fourth, the blindness of a well-known trademark is an intangible property right of independent land. Fifth, well-known trademarks are vulnerable to infringement.
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A well-known trademark refers to a registered trademark that enjoys a high reputation in the market and is well-known to the relevant public. The Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board and the people's courts are responsible for the recognition and management of well-known trademarks. Only a trademark that has been recognized by the Trademark Office, the Trademark Review and Adjudication Board and the people's court in accordance with the law can be called a well-known trademark.
No organization or individual may identify or adopt other methods to identify well-known trademarks. Well-known trademarks have the following characteristics: (1) the trademark design is original; (2) the trademark has been used for a long time; (3) the quality of the goods or services designated by the trademark is good and stable; (4) The goods using the trademark have a large market coverage and a large sales volume; (5) the advertising investment of the trademark increases in proportion to the sales volume of goods or service revenue; (6) Registering the trademark in the relevant country and selling the goods designated by the trademark or carrying out the service of the trade service; (7) Have a high reputation and reputation in the same industry; (8) It is well known to a considerable range of consumers.
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What are the characteristics of a well-known trademark ().
a.High visibility (correct answer).
b.Highly identifiable (correct answer).
c.High business value (correct answer).
d.It is the main object of the infringement (correct answer).
Dongfanghong Tractor China Yituo Group ****.
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China's legislation on the protection of well-known trademarks is relatively late, and the Interim Provisions on the Recognition and Administration of Well-known Trademarks mainly reflect the extended protection of well-known trademarks in three aspects: 1. The Trademark Office may reject the application for registration of a trademark that is identical or similar to the well-known trademark of another person on non-similar goods and may damage the rights and interests of the registrant of the well-known trademark. If it has already been registered, the registrant of a well-known trademark may request the Trademark Review and Adjudication Board to revoke it. >>>More
The criteria for recognition of well-known trademarks are: >>>More
If you are submitting a direct declaration, I suggest that you do not waste time if the scale of the enterprise is not more than 100 million, it is difficult to approve the report of well-known trademarks, and it is necessary to start such as trademark opposition, trademark infringement cases, relying on judicial recognition so that the speed is a little faster, well-known trademarks are not enough to just submit information, but also need a super high ranking in the industry, and their own enterprise strength. Hehe, but I also wish you to get a well-known trademark, and your corporate brand value will increase by at least 20 times, 20 times is too little hahaha.
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