For many years, the "Yuchai" brand engine is known both at home and abroad for its excellent quality, leading technology and excellent service. Since the “Guangxi Famous Trademark†certification work was carried out by Guangxi Industrial and Commercial Bureau, the “Yuchai†trademark has never been honored with this honor, and in 2005 it was judicially recognized as a well-known trademark in China.
Yuchai Engine
Then what is the difference between the administrative recognition and the judicial determination?
Higher gold content
Due to the limitations of judicially recognized well-known trademarks, Yuchai initiated the application for administrative recognition of well-known trademarks. In 2013, the "People's Republic of China Trademark Law" was revised and implemented for the third time. The standards for the recognition of well-known trademarks have been significantly improved, and the number of "well-known trademarks" that have passed administrative certification has been greatly reduced.
Therefore, Yuchai’s application was confirmed and the gold content was higher.
Greater scope and intensity of trademark protection
According to the current effective trademark management laws and regulations, ordinary trademarks can only be protected by law in the category of goods or services that are allowed to register, and enjoy the exclusive right to use the trademark; well-known trademarks can achieve different levels of cross-category and cross-border protection according to law. Namely: After the “Yuchai†trademark is certified by a well-known trademark, it can not only protect the exclusive right of the trademark within the scope of the trademark registration, but also prohibit others from using the trademark without authorization in other areas with certain relevance, against malicious squatting of others or Registering trademarks that are the same or similar to well-known trademarks in the associated goods or service categories to safeguard their own legitimate rights and interests.
In addition, China is a member of the Paris Convention for the Protection of Industrial Property. According to the relevant provisions of the Paris Convention for the Protection of Industrial Property, member states recognize each other's well-known trademarks as recognized by the competent authorities of the host country. If Yuchai’s trademark is maliciously registered or infringed by others outside China, Yuchai may file a deregistration or protection application with the relevant authorities, effectively preventing the Yuchai trademark from being maliciously registered overseas and realizing the “Yuchai†trademark. Cross-border protection.
At the same time, the “PRC Trademark Law†has imposed prohibitive restrictions on the promotion of well-known trademarks, raising the limit on trademark infringement from RMB 500,000 to RMB 3 million. It means that criminals who commit infringement will be subject to greater punishment.
Well-known trademarks can not only be protected in the field of trademarks, but can also be protected in other areas such as company names, Internet domain names, and so on. The well-known trademarks recognized by the administrative authorities can guide the anti-counterfeiting work of business administrations in various localities and improve the efficiency of counterfeiting rights protection.
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