Jier Technology, Smoore, and RELX Included in Guangdong Key Trademark Protection List

On March 8, the Guangdong Trademark Association released the public list of key trademark protections for 2021, proposing to include 580 trademarks in the protection list.

Among them are three e-cigarette-related companies: Jier Technology Co., Ltd., Smoore Technology Co., Ltd., and Myle Technology Co., Ltd., with a total of 4 trademarks included, all classified under Class 34 for tobacco-related goods.

So, what is the significance of being included in the key protection list? In this regard, the Supreme People's Court pointed out:

1. The reputation of a trademark is a positive effect formed by the user of the trademark through its use and promotion, continuously accumulating goodwill, and is a positive reflection from the relevant public towards a specific trademark. When determining the reputation of a trademark in administrative or civil cases, the people's court should base its decision on the examination of relevant promotional and usage evidence. For trademarks that are indeed highly reputable, a strong protection attitude should be adopted, ensuring that the level of protection matches the investment and efforts of the trademark owner as well as the trademark's own reputation. In practice, the types of evidence proving reputation are diverse, and entering the "Key Trademark Protection List" can serve as a reference for the court to recognize that the trademark has corresponding reputation.

2. Whether it is a well-known trademark or a famous trademark, the law protects it to ensure that the legitimate rights and interests of the rights holder are safeguarded, while also preventing others from registering, infringing, and engaging in unfair competition, thereby maintaining healthy competition and fair order in the market. For market entities engaged in business, obtaining recognition as a famous trademark or entering the "Key Trademark Protection List" is not the goal; the key is to improve the quality of goods or services and ultimately achieve economic benefits. Therefore, when formulating relevant systems and norms for the protection of well-known trademarks, it is necessary to return to the original intention of establishing the trademark protection system, ensuring that highly reputable trademarks receive protection commensurate with their reputation, while not overemphasizing the role of reputation.