Collect
Check out my collection
0
Useful +1
Famous trademark
Terminology in the field of business administration
Famous trademark refers to having a high market reputation and
Commercial value
A registered trademark that is well known to the relevant public and recognized in accordance with the law.
On January 24, 2019, Director of the State Administration of Market Regulation
Zhang MAO
In an interview with CCTV, he said: Famous trademarks will be cancelled in 2019.
[1]
- Chinese name
- Famous trademark
- Characteristic point
- Has a high market reputation and Commercial value
- use
- Enhance product image
- Governing body
- Provincial administrative department for industry and commerce
- exegesis
- In a certain geographical range (such as provincial regions) more well-known trademark brands
- Application materials
- Application, the applicant's relevant identification materials, etc
China's famous trademark refers to a well-known trademark brand in a certain geographical range (such as provincial regions). It is often used in the selection of honorary trademarks at the provincial and (directly administered) municipal level in China, and often appears in local regulations.
The accrediting authority for famous trademarks is the provincial level
Administration of industry and commerce
Department. The identification criteria are mainly measured and defined from the following aspects:
(1) The trademark has been registered for at least three years and has been used in accordance with the law for three consecutive years from the date of registration (high-tech commodity trademark and private enterprise use trademark registration for at least one year), and the trademark ownership is not disputed.
(2) The trademark is in the province
Relevant public
Widely known and enjoys a high reputation, the advertising publicity in the past three years has a certain continuity and a wider geographical scope, and has a certain amount of advertising investment in the major media in the province.
(3) The economic indicators of the goods or services referred to in the trademark in the past three years, including annual sales volume, operating income, net profit, tax revenue and market share in the province's leading position in the same industry or similar goods or services.
(4) If the sales area of the goods referred to in the trademark is mainly sold in the province, its sales coverage should be at least nine to the listing or state; Where sales are mainly conducted outside the province, there shall be at least five or more provinces, municipalities directly under the Central Government and autonomous regions; Export-oriented, with annual exports of at least $3 million or more, and trademark registration in more than 2 countries or regions.
(5) The trademark applicant has a good business reputation, the enterprise has a trademark management organization and management system, and has not infringed on others in the past three years
The exclusive right to use registered trademarks
And other serious illegal business activities;
(6) The goods or services referred to in the trademark have good quality, high credibility and good market prospects among similar goods or services in the province.
From the date the famous trademark is recognized, another person uses the same or similar words with the famous trademark as part of the enterprise name, and may cause the public to misidentify,
Administrative departments for industry and commerce
Not to approve the registration of the enterprise name; Where a famous trademark has been registered, the registrant may, within two years from the date on which he became aware or should have become aware, request the industrial and commercial authority to revoke the name of the enterprise.
Famous trademark product quality requirements:
Product quality to achieve double excellence, the company's quality, environment, safety management to meet international standards, through the national authority certification and recognition.
The following materials are required to apply for famous trademarks:
(1) An application form;
(2) the applicant's relevant identification materials;
(3) Certification materials for trademark registration (if the applicant is the user of the trademark, certification materials for the license to use the trademark shall also be submitted);
(D) the trademark refers to the commodity sales in the past three years, tax amount, market share and other major economic indicators and in the province of the industry ranking of the relevant materials;
(5) Materials relating to the use, management and protection of the trademark.
Well-known trademark, famous trademark and
Well-known trademark
As a "name trademark", there are many similarities among the three, but also significant differences, mainly reflected in the following aspects:
First, the identification agencies are not the same: well-known trademarks by the State Administration for Industry and Commerce
Trademark office
Or the people's court according to judicial procedures, famous trademarks by the provincial industry and Commerce Department, well-known trademarks are generally identified by the local (city) industry and Commerce Department.
Second, the identification standards are not the same: well-known trademarks must be known by the relevant public in the country, and famous trademarks and well-known trademarks must be known by the relevant public in the province or local (city) at least.
Third, the requirements for whether the trademark is registered are not the same: well-known trademarks may be registered trademarks, or may not be registered trademarks, and famous trademarks and well-known trademarks must be registered trademarks.
At the same time, the three can also be transformed into each other, because the reputation and popularity of each trademark is constantly changing with the passing of time or the change of the use of the trademark user, famous trademarks famous trademarks can gradually evolve into well-known trademarks, and well-known trademarks may also be diluted into famous trademarks or even
Common trademark
.
Benefits of applying for a famous trademark
1. The goods referred to in the recognized famous trademark shall be regarded as well-known goods.
2. From the date of the announcement, the owner and user of the famous trademark may use the words "Famous Trademark of *** Province" in the commodities and their packaging, decoration, instructions, business correspondence, advertising, exhibition and other business activities that have been approved for use.
(3) In the same kind of goods as the goods referred to in the famous trademark, others shall not carry out the following acts:
(1) The combination of words, graphics, letters, numbers, three-dimensional signs and colors identical with or similar to the famous trademark, as well as the combination of the above elements as a commodity name, packaging, decoration use or as
Unregistered trademark
Use, and may cause
Relevant public
Misidentified;
(2) The use of the name, packaging, or decoration unique to or similar to the goods referred to in the famous trademark, which may cause misidentification by the relevant public.
(4) The owner or user of a famous trademark who uses the same or similar words, graphics, letters, numbers, three-dimensional signs and color combinations as well as the combination of the above elements as the name, packaging and decoration of the commodity or as an unregistered trademark on a commodity that is different or not similar to the goods referred to in the famous trademark, and may cause misidentification by the relevant public May request
Administration of industry and commerce
The department stopped it.
(5) Where another person uses the words identical with or similar to the famous trademark as the name or shop name of the enterprise, which may cause damage to the rights and interests of the famous trademark, the administrative department for industry and commerce shall not register it. However, the enterprise name and shop number are registered first except.
6. Don't worry about trademark rights - The protection of well-known goods in the Anti-Unfair Competition Law specifically points out that others are prohibited from using their unique names, packaging and decoration without authorization. Where Hunan Province famous trademark recognition, this city
Administrative departments for industry and commerce
According to the function, the protection of the recognized trademark can be extended to the enterprise name, that is, to prohibit others from using the famous trademark as the enterprise name in the same or related industries. In the daily market inspection, the administrative departments for industry and commerce list famous trademarks as the focus and carry out regular special law enforcement activities.
7. Make the brand to build the market -- "famous trademark" is beneficial to enterprises to expand the social visibility and market influence of trademarks. Many famous trademark enterprises have applied for "famous trademark" to promote enterprises to formulate and implement trademark development strategy. At the same time, it has been identified as a "famous trademark", which has created favorable conditions for enterprises to strive for China's "well-known trademark".
For the transfer of famous trademarks, local legislation mainly adopts the following ways to regulate:
First, where a famous trademark is transferred, the famous trademark qualification of the trademark is automatically lost.
As...
Hebei Province famous trademark recognition and protection regulations
"Where a famous trademark registrant transfers its registered trademark according to law, the famous trademark qualification of the trademark is automatically lost"; "
Zhejiang Province famous trademark recognition and protection regulations
"Where the owner of the famous trademark of Zhejiang Province transfers its famous trademark of Zhejiang Province according to law, the qualification of the famous trademark of Zhejiang Province shall be re-identified in accordance with the provisions of these Regulations"; The "Beijing Measures for the Recognition and Protection of Famous Trademarks" stipulates: "Where the owner of a trademark transfers its famous trademark, the qualification of the famous trademark is automatically lost. The non-transactional transfer of the enterprise due to restructuring shall be excluded "; Article 28 of the Interim Measures for the Recognition and Protection of Famous Trademarks of Shandong Province provides that: "Where the owner of a famous trademark transfers its famous trademark according to law, the qualification of the famous trademark of the trademark shall be re-recognized in accordance with the provisions of these Measures."
Second, the transfer of famous trademarks must be approved.
For example, the Interim Measures for the Recognition and Protection of Famous Trademarks of Shanghai Municipality provide that: "Any person who has any of the following acts may report to the Identification Committee, and after verification by the Identification Committee, shall.
Shanghai Administration for Industry and Commerce
Order it to correct within a time limit, and revoke its famous trademark qualification if the circumstances are serious...... Transfer its trademark for free or at a low price, without evaluation and related
Administrative departments for industry and commerce
Approving or transferring its trademark in a joint venture, cooperation or joint venture without authorization."
Third, the transfer of famous trademarks must go through the record.
As...
Hunan Province famous trademark recognition and protection measures
"Under any of the following circumstances, the owner of a famous trademark shall comply with the provisions of the
Trademark Law of People's Republic of China
The relevant procedures shall be handled in accordance with the provisions of its implementing Regulations and reported to the Province
Administration of industry and commerce
Department record:...... (2) the owner of the famous trademark transfers its famous trademark according to law; (3) Where the owner of a famous trademark permits others to use its famous trademark according to law."
On January 24, 2019, Zhang MAO, director of the State Administration for Market Regulation, said in an interview with CCTV: "For the past government behavior of evaluating famous brands and famous trademarks, it will be cancelled in 2019." This means that the "famous trademark" that has been popular for many years will finally bid farewell to the historical stage.
[1]
