Linyi Aidi Business - well-known trademark recognition and protection provisions
Provisions on the recognition and protection of well-known trademarks
Article 1 These Provisions are formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) and the Regulations on the Implementation of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementing Regulations).
Article 2 Well-known trademarks in these Provisions refer to trademarks that are widely known and enjoy a high reputation among 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 following materials may be used as evidentiary materials to prove that a trademark is well-known:
(1) Relevant materials that prove the degree of knowledge of the relevant public about the trademark;
(2) Relevant materials proving the duration of the use of the trademark, including the history and scope of the use and registration of the trademark;
(3) Relevant materials evidencing the duration, extent and geographical scope of any publicity of the trademark, including the mode of advertising and promotional activities, the geographical scope, the type of publicity media and the amount of advertising;
(4) Relevant materials proving the record of the protection of the trademark as a well-known trademark, including the relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions;
(5) Other evidentiary materials to prove that the trademark is well-known, including the output, sales volume, sales income, profits and taxes, sales area and other relevant materials of the main commodities using the trademark in the past three years.
Article 4 Where a party considers that a trademark preliminarily approved and published by another party violates the provisions of Article 13 of the Trademark Law, it may file an objection with the Trademark Office in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials proving that its trademark is well-known.
Where a party considers that a registered trademark of another party violates the provisions of Article 13 of the Trademark Law, it may, in accordance with the provisions of the Trademark Law and its implementing regulations, request the Trademark Review and Adjudication Board for ruling to cancel the registered trademark, and submit relevant materials proving that the trademark is well-known.
Article 5 In the course of trademark administration, where a party considers that a trademark used by another person falls under the circumstances provided for in Article 13 of the Trademark Law and requests the protection of its well-known trademark, it may file a written request to the administrative department for industry and commerce at or above the city (prefecture or prefecture) where the case takes place for prohibiting the use of the trademark, and submit relevant materials proving that its trademark is well-known. At the same time, copy to the local provincial administrative department for industry and commerce.
Article 6 After receiving an application for the protection of a well-known trademark in the course of trademark administration, the administrative department for industry and commerce shall examine whether the case falls under the following circumstances as provided for in Article 13 of the Trademark Law:
(1) another person uses, without authorization, a trademark identical with or similar to a well-known trademark not registered in China in respect of the same or similar goods, which is likely to cause confusion;
(2) The unauthorized use by another person of a trademark identical with or similar to a well-known trademark registered in China by the party concerned in respect of a different or similar commodity is likely to mislead the public, and the interests of the registrant of the well-known trademark may be harmed.
For cases considered to fall under the above circumstances, the municipal (prefecture or prefecture) administrative department for industry and commerce shall, within 15 working days from the date of accepting the request of the party concerned, submit all the case materials to the administrative department for industry and commerce of the province (autonomous region or municipality directly under the Central Government) where the case is located, and issue a notice of acceptance of the case to the party concerned; The administrative department for industry and commerce of the province (autonomous region or municipality directly under the Central Government) shall, within 15 working days from the date of accepting the request of the party concerned, submit all the case materials to the Trademark Office. If the administrative department for industry and commerce at the provincial level where the parties are located considers the case to be under the above circumstances, it may also be submitted to the Trademark Office.
Cases that do not belong to the above circumstances shall be dealt with in a timely manner in accordance with the relevant provisions of the Trademark Law and the implementing Regulations.
Article 7 The administrative department for industry and commerce of a province (autonomous region or municipality directly under the Central Government) shall examine the case materials concerning the protection of well-known trademarks submitted by the administrative department for industry and commerce of the city (prefecture or prefecture) under its jurisdiction.
For cases considered to fall within the circumstances of paragraph 1 of Article 6 of these Provisions, the case shall be submitted to the Trademark Office within 15 working days from the date of receipt of the case materials submitted by the municipal (prefecture or prefecture) administrative department for industry and commerce within the jurisdiction.
For cases that do not belong to the first paragraph of Article 6 of these provisions, the relevant materials shall be returned to the original receiving authority, which shall deal with them in a timely manner in accordance with the relevant provisions of the Trademark Law and the implementing regulations.
Article 8 The Trademark Office shall, within six months from the date of receipt of the relevant case materials, make a determination, and notify the administrative department for industry and commerce of the province (autonomous region, municipality directly under the Central Government) where the case takes place of the determination result, and send a copy to the administrative department for industry and commerce of the province (autonomous region, municipality directly under the Central Government) where the party is located.
In addition to the materials proving that the trademark is well-known, the Trademark Office shall return the materials of other cases to the administrative department for industry and commerce of the province (autonomous region or municipality directly under the Central Government) where the case takes place.
Article 9 Where a trademark is not recognized as a well-known trademark, the party may not make another request for recognition of the same trademark for the same facts and reasons within one year from the date of the determination.
Article 10 In determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall take into account all the factors provided for in Article 14 of the Trademark Law, but not on the premise that the trademark must meet all the factors provided for in that article.
Article 11 In protecting a well-known trademark, the Trademark Office, the Trademark Review and Adjudication Board and the local administrative department for industry and commerce shall take into account the distinctiveness and degree of fame of the trademark.
Article 12 When a party requests protection of its trademark in accordance with Article 13 of the Trademark Law, it may provide a record that the trademark has been protected as a well-known trademark by the relevant competent authorities of our country.
Where the scope of protection of the accepted case is basically the same as that of the case that has been protected as a well-known trademark, and the other party has no objection to the well-known trademark, or although it has objections, it cannot provide evidence that the trademark is not well-known, the administrative department for industry and commerce accepting the case may make a ruling or handle the case on the basis of the conclusion of the protection record.
Where the scope of protection of the accepted case is different from that of the case that has been protected as a well-known trademark, or the other party has objections to the well-known trademark, and provides evidence that the trademark is not well-known, the Trademark Office or the Trademark Review and Adjudication Board shall re-examine the well-known trademark materials and make a determination.
Article 13 Where a party considers that the registration of a well-known trademark as an enterprise name by another person may deceive the public or cause misunderstanding to the public, it may apply to the competent enterprise name registration authority for cancellation of the registration of the enterprise name, and the competent enterprise name registration authority shall handle the matter in accordance with the Provisions on the Administration of Enterprise Name Registration.
Article 14 The administrative departments for industry and commerce at all levels shall strengthen the protection of well-known trademarks, and shall promptly transfer cases suspected of trademark counterfeiting crimes to the relevant departments.
Article 15 The administrative department for industry and commerce of the province (autonomous region or municipality directly under the Central Government) where the processing authority is located shall make a copy of the processing decision to the Trademark Office.
Article 16 The administrative departments for industry and commerce at all levels shall establish corresponding supervision mechanisms, formulate corresponding supervision and restriction measures, and strengthen the supervision and inspection of the whole process of the recognition of well-known trademarks.
The relevant personnel involved in the recognition of well-known trademarks abuse their power, practice favoritism, seek illegitimate benefits, illegally handle matters related to the recognition of well-known trademarks, and shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 17 These Provisions shall come into force as of June 1, 2003. The Interim Provisions on the Recognition and Administration of Well-known Trademarks promulgated by the State Administration for Industry and Commerce on August 14, 1996 shall be repealed simultaneously.
