Yipin Trademark New Knowledge Well known trademarks are not honors, but trademarks

In the 80s of the last century, China's market economy was not perfect, and when the well-known trademark system was introduced, the concept of well-known trademarks was not clear. Just recently, Zhang Mao, director of the State Administration for Industry and Commerce, pointed out that a well-known trademark is a legal concept of trademark protection, not a concept of honor and commercial publicity.

In this regard, it has caused people to understand the definition of well-known trademarks.

In the process of improving the socialist market economy system, people's understanding of well-known trademarks has gradually deepened, and the connotation of well-known trademarks has been returned to the origin of legal protection, and the recognition of well-known trademarks has been returned to international practice. However, under the influence of habitual thinking, some places still publicize well-known trademarks as honor and reputation, and even set targets, which is actually an act of unfair competition and contrary to the purpose of the well-known trademark protection system. Internationally, the trademark protection of well-known trademarks follows the principle of "case-by-case identification and passive protection", that is, trademark protection is carried out through the recognition of the well-known trademark of the trademark involved in the case.

In practice, it emphasizes the leading role of the first and adopts the method of "batch recognition and active protection", that is, through the first department to identify a number of well-known trademarks in advance, and then give legal protection, forming the concept and social influence of "well-known trademarks are a kind of reputation and a brand".

Therefore, the recognition of well-known trademarks not only has far-reaching significance for trademark protection, but more importantly, well-known trademarks play a boosting role in maintaining corporate brand image and promoting market innovation.

A well-known trademark refers to a well-known trademark that is well-known and well-known. Huaihu Hu ().

a.That's right. b.Mistake.

Correct answer: B

China famous trade mark refers to a trademark that has been recognized as a "well-known trademark" by a 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.

A well-known trademark is a trademark that is widely known and enjoys a high reputation among 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 goods or services indicated by the trademark, and sellers and related personnel involved in the distribution channels.

Therefore, a well-known trademark is not only an honor, but also a legal fact.

A well-known trademark refers to 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.

Article 13 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, it may apply for protection of a well-known trademark in accordance with the provisions of this Law. If the trademark applied for registration for the same or similar goods is a copy, imitation or translation of a 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 14 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China provides that a well-known trademark shall be recognized as a fact that needs to be determined in handling a trademark case at the request of the parties.

The following factors shall be considered in the recognition of a well-known trademark: (1) the degree of awareness of the trademark by the relevant public; (2) the duration of use of the trademark; (3) the duration, extent and geographical scope of any wanton publicity of the trademark; (4) a record of the trademark being protected as a well-known trademark; (5) Other factors that make the trademark well-known.

The differences between well-known trademarks and well-known trademarks are as follows:

1. The geographical scope is different. The well-known trademark is known to the relevant public in the country, and the famous trademark is known to the relevant public in the province or the local area;

2. The requirements for registration are different. A well-known trademark may be a registered trademark or an unregistered trademark, and a well-known trademark must be a registered trademark.

Trademark Law of the People's Republic of China

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;

3) 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.

In the course of trademark registration examination and investigation and handling of trademark infringement cases by the administrative department for industry and commerce, the parties concerned shall comply with this Law.

Trademark Law of the People's Republic of China

Article 13. If the claim is made, the Trademark Office may, according to the needs of examining and handling the case, make a determination of the well-known status of the trademark.