Provisions on the recognition and protection of well-known trademarks
Release Time：
2015-11-23
(Promulgated by Decree No. 66 of the State Administration for Industry and Commerce on July 3, 2014)
Article 1 In order to regulate the recognition of well-known trademarks and protect the legitimate rights and interests of the holders of well-known trademarks Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law),Trademark Law of the People's Republic of China (Amended in 2019) (hereinafter referred to as the Implementing Regulations),Formulate these provisions.
Article 2 A well-known trademark is a trademark that is well known to the relevant public in China.
The relevant public includes consumers who are related to the use of a certain class of goods or services indicated in the trademark, other operators who produce the said goods or provide services, and sellers and related personnel involved in the distribution channel.
Article 3 The Trademark Office and the Trademark Review and Adjudication Board shall, at the request of the parties concerned and as required by the examination and handling of cases, be responsible for the identification and protection of well-known trademarks in the course of the examination of trademark registration, the handling of trademark disputes, and the investigation and handling of trademark violations by the administrative departments for industry and commerce.
Article 4 The recognition of well-known trademarks shall follow the principles of case recognition and passive protection.
Article 5 Where a party submits an objection to the Trademark Office in accordance with Article 33 of the Trademark Law and requests the protection of a well-known trademark in accordance with Article 13 of the Trademark Law, it may file a written request for the protection of a well-known trademark with the Trademark Office and submit evidentiary materials showing that its trademark constitutes a well-known trademark.
Article 6 Where a party, in a case of reexamination of the refusal of trademark registration or a case of request for invalidation, requests the protection of a well-known trademark in accordance with Article 13 of the Trademark Law, it may file a written request for the protection of a well-known trademark with the Trademark Review and Adjudication Board and submit evidentiary materials showing that its trademark constitutes a well-known trademark.
Article 7 Trademark violation cases involving the protection of well-known trademarks shall be under the jurisdiction of the administrative department for industry and commerce at or above the municipal (prefecture, prefecture) level. Where a party requests the administrative department for industry and commerce to investigate and punish an illegal act of a trademark and requests the protection of a well-known trademark in accordance with the provisions of Article 13 of the Trademark Law, it may lodge a complaint with the administrative department for industry and commerce at or above the municipal (prefecture or prefecture) level where the illegal act takes place, put forward a written request for the protection of a well-known trademark, and submit evidentiary materials proving that its trademark constitutes a well-known trademark.
Article 8 A party requesting the protection of a well-known trademark shall follow the principle of good faith and be responsible for the authenticity of the facts and the evidentiary materials submitted.
Article 9 The following materials may be used as evidentiary materials to prove compliance with the provisions of Article 14, paragraph 1, of the Trademark Law:
(1) Materials proving the degree of public awareness of the trademark.
(2) Materials proving the duration of the use of the trademark, such as the history and scope of the use and registration of the trademark. Where the trademark is an unregistered trademark, materials proving that the duration of its use is not less than five years shall be provided. Where the trademark is a registered trademark, materials proving that the registration time is not less than three years or the continuous use time is not less than five years shall be provided.
(3) Materials proving the duration, extent and geographical scope of any publicity work of the trademark, such as the mode of advertising and promotional activities in the last three years, the geographical scope, the type of publicity media and the amount of advertising.
(4) Materials proving that the trademark has been protected as a well-known trademark in China or other countries and regions.
(5) Other evidentiary materials proving that the trademark is well-known, such as the sales revenue, market share, net profit, tax amount, sales area and other materials of the main commodities using the trademark in the past three years.
The term "three years" and "five years" as mentioned in the preceding paragraph refers to the three years and five years prior to the date of the application for the registration of a trademark against which the objection is filed, the date of the application for the registration of a trademark for which the request for invalidation is filed, and the three years and five years prior to the date of the request for the protection of a well-known trademark is filed in the investigation and punishment of trademark violations.
Article 10 Where a party submits a request for the protection of a well-known trademark in accordance with the provisions of Article 5 and Article 6 of these Provisions, the Trademark Office and the Trademark Review and Adjudication Board shall deal with it in a timely manner within the time limit prescribed in Articles 35, 37 and 45 of the Trademark Law.
Article 11 Where a party requests the administrative department for industry and commerce to investigate an illegal trademark act in accordance with the provisions of Article 7 of these provisions, the administrative department for industry and commerce shall verify the complaint materials and decide whether to file a case in accordance with the relevant provisions of the Provisions on Administrative Punishment Procedures of the Administrative Department for Industry and Commerce. Where the decision is made to file a case, the administrative department for industry and commerce shall conduct preliminary verification and examination on whether the well-known trademark protection request submitted by the parties and the relevant evidentiary materials comply with the provisions of Article 13 and 14 of the Trademark Law, Article 3 of the Implementing Regulations and Article 9 of these provisions. After preliminary verification of compliance with the provisions, shall, within 30 days from the date of filing the case, the well-known trademark recognition request and a copy of the case materials together submitted to the administrative department for industry and commerce at a higher level. After examination does not meet the provisions, shall be dealt with in a timely manner in accordance with the provisions of the provisions of the Administrative Punishment Procedures of the Administrative authorities for Industry and Commerce.
Article 12 The administrative department for industry and commerce of the province (autonomous region, municipality directly under the Central Government) shall verify and examine whether the relevant materials for the recognition of well-known trademarks submitted by the administrative department for industry and commerce at the city (locality, prefecture) level within its jurisdiction comply with the provisions of Article 13 and 14 of the Trademark Law, Article 3 of the Implementing Regulations and Article 9 of these provisions. After verification of compliance with the provisions, shall, within 30 days from the date of receipt of the well-known trademark recognition related materials, the well-known trademark recognition request and a copy of the case materials submitted to the Trademark Office. After examination does not meet the provisions, the relevant materials shall be returned to the original filing authority, which in accordance with the provisions of the provisions of the Administrative Punishment Procedure of the Administrative Department for Industry and Commerce.
Article 13 When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the factors listed in paragraph 1 of Article 14 of the Trademark Law and Article 9 of these Provisions, but not on the premise that all factors are satisfied.
Where the Trademark Office or the Trademark Review and Adjudication Board, in identifying a well-known trademark, needs the local administrative department for industry and commerce to verify the relevant information, the relevant local administrative department for industry and commerce shall provide assistance.
Article 14 Where the Trademark Office, after examining the relevant materials for the recognition of well-known trademarks submitted by the administrative department for industry and commerce of the province (autonomous region, municipality directly under the Central Government), determines that it constitutes a well-known trademark, it shall make an approval reply to the administrative department for industry and commerce of the province (autonomous region, municipality directly under the Central Government) to which it submitted the request.
The administrative department for industry and commerce that files the case shall, within 60 days after the Trademark Office gives the reply of approval, handle the case according to law, and copy the written decision on administrative punishment to the administrative department for industry and commerce of the province (autonomous region or municipality directly under the Central Government) where it is located. The administrative department for industry and commerce of the province (autonomous region or municipality directly under the Central Government) shall, within 30 days from the date of receipt of the written decision on administrative penalty, submit the case handling and the copy of the written decision on administrative penalty to the Trademark Office.
Article 15 The administrative departments for industry and commerce at all levels shall, in the course of trademark registration and administration, strengthen the protection of well-known trademarks and safeguard the legitimate rights and interests of right holders and consumers. Where a trademark violation is suspected of a crime, the case shall be promptly transferred to the judicial organ.
Article 16 In the course of examination of trademark registration, handling of trademark disputes, and investigation and investigation of trademark violations by the administrative department for industry and commerce, when the party requests protection of a well-known trademark in accordance with the provisions of Article 13 of the Trademark Law, it may provide a record of the protection of the trademark as a well-known trademark in China.
Where the scope of a party's request for protection of a well-known trademark is basically the same as that which has been protected as a well-known trademark, and the other party has no objection to the well-known trademark, or although there is an objection, the reasons for the objection and the evidence provided are obviously insufficient to support the objection, the Trademark Office, the Trademark Review and Adjudication Board, and the department for filing trademark illegal cases may, according to the protection record and the relevant evidence, Give the trademark well-known trademark protection.
Article 17 In a trademark violation case, where a party defrauded the protection of a well-known trademark by resorting to fraud or providing false evidence or other improper means, the Trademark Office shall revoke the recognition of the trademark involved and notify the administrative department for industry and commerce of the province (autonomous region, municipality directly under the Central Government) that submitted the request for recognition of a well-known trademark.
Article 18 The local administrative department for industry and commerce, in violation of the provisions of Article 11 and 12 of these provisions, fails to perform the verification and examination of the materials related to the recognition of well-known trademarks, or fails to provide assistance or fails to perform the verification duties in violation of the provisions of Article 13, paragraph 2, of these provisions, Or, in violation of the provisions of the second paragraph of Article 14 of these provisions, fails to handle the trademark illegal case within the time limit or fails to report the situation within the time limit, the administrative department for industry and commerce at the next higher level shall notify it and order it to make rectification.
Article 19 The administrative departments for industry and commerce at all levels shall establish and improve the supervision and inspection system for the recognition of well-known trademarks.
Article 20 Any person involved in the recognition and protection of a well-known trademark who neglects his duty, abuses his power, engages in malpractices for personal gain, handles matters related to the recognition of a well-known trademark in violation of the law, accepts property from the party concerned, and seeks illegitimate benefits shall be dealt with in accordance with the relevant provisions.
Article 21 These provisions shall come into force 30 days after the date of promulgation. The Provisions on the Recognition and Protection of Well-known Trademarks promulgated by the State Administration for Industry and Commerce on April 17, 2003 shall be repealed simultaneously.
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