"Peak" was identified as China's well-known trademark
Release time:
2020-07-31
News Recently, the Trademark Office of the State Administration for Industry and Commerce issued a document that the "Peak" trademark held by Peak Pharmaceutical Company was recognized as a well-known trademark. The main contents of the document "Reply of the Trademark Office of the State Administration for Industry and Commerce on the Identification of" Jianfeng "Trademark as a Well-known Trademark" (Shang Biao Chi Zi [
] 121 ) are as follows: according to the relevant provisions of the Trademark Law, the Regulations on the Implementation of the Trademark Law and the Provisions on the Identification and Protection of Well-known Trademarks, after examination and research, it is recognized that the registered trademark "Jianfeng" used by Zhejiang Jianfeng Pharmaceutical Co., Ltd. on human drugs, chemical bulk drugs and chemical pharmaceutical preparations in category 5 of the International Classification of Goods and Services for Trademark Registration is a well-known trademark. The identification of the well-known trademark has effectively enhanced the brand value of the company, helped to improve the popularity of the company's products, and further strengthened the protection of the "peak" trademark. (Zhou Hengbin)
"Well-known Trade Mark
1883 . According to international and domestic intellectual property laws and regulations, the well-known trademark system is created to fully protect the legitimate rights and interests of well-known trademark owners. Its purpose is to reasonably protect the relevant trademark ownership, maintain fair competition, and stop infringement of others' trademark exclusive rights. behavior. China joined the Convention in 1984 , according to the provisions of the Convention to give special legal protection to well-known trademarks, has become an important part of China's trademark legal work. China Famous Trade Mark (
) refers to a trademark type that is recognized as a "well-known trademark" by the Trademark Office of the State Administration for Industry and Commerce in accordance with legal procedures according to the application of an enterprise. According to the "Regulations on the Recognition and Protection of Well-known Trademarks" promulgated by the State Administration for Industry and Commerce, its meaning can be summarized as: a trademark that is widely known to the relevant public and enjoys a high reputation in China. The relevant public includes consumers related to certain types of goods or services marked by the use of trademarks, other operators who produce the aforementioned goods or provide services, and sellers and related personnel involved in the distribution channels. Well-known trademarks not only have the distinction of general trademarks, but also have strong competitiveness, high visibility, wide range of influence, have been known and trusted by consumers and operators, and have related commercial value. These characteristics make it often the object of violation. Therefore, China's well-known trademarks are protected better than ordinary registered trademarks in accordance with the law, that is, ordinary trademarks can only be protected by law in the category of goods or services that have been approved for registration, and enjoy the right to exclusive use of trademarks; while well-known trademarks have different degrees of cross-category protection due to their originality and distinctiveness. When different or dissimilar goods are applied for registration or use, they will not be registered and prohibited, given a relatively wide range of exclusive rights, the company name and website domain name of well-known trademark holding enterprises will be protected by special laws different from ordinary trademarks. Therefore, well-known trademarks can not only fight against other people's malicious rush to register, increase the gold content of the brand, appreciate the intangible assets of the enterprise, expand the popularity of the enterprise, and enhance the market competitiveness of the enterprise; it can also increase the recognition of the government and the public to the enterprise, and increase the intensity of infringement and anti-counterfeiting. At the same time, it will get more preferential treatment and support in other fields such as investment and credit; in the event of preemptive registration or infringement abroad (in a member country of the Paris Convention), the enterprise may also file an application for revocation or protection with the relevant competent authority.
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