Provisions On Identification 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).

The second article in this regulation

Related public include and use

The following third materials can be regarded as well-known trademarks.

(1) to prove the relevant public's awareness of the trademark;

(two) the relevant materials that demonstrate the duration of the trademark's use, including the history and scope of its use and registration;

(three) materials related to the duration, extent and geographical scope of any publicity work of the trademark, including advertising publicity and promotional activities, geographical scope, types of publicity media and advertising volume;

(four) to prove that the trademark is related to the protection record of a well-known trademark, including the material that the trademark has been protected as a well-known trademark in China or other countries and regions;

(five) other evidential materials that prove that the trademark is well known, including the relevant materials such as output, sales volume, sales revenue, profits tax, sales area, etc. of the major commodities that have been used for the past three years.

Article fourth where a party considers that a trademark that has been preliminarily approved and announced by others is contrary to the thirteenth provision of the trademark law, it may raise objections to the trademark office according to the provisions of the trademark law and its implementing regulations, and submit relevant materials certifying the well-known trademarks.

If a party considers that a trademark registered by another person is in violation of the thirteenth provision of the trademark law, it may, according to the provisions of the trademark law and its implementing regulations, request the Trademark Review and Adjudication Board to make a ruling to cancel the registered trademark and submit relevant materials to prove its famous trademark.

Article fifth in trademark management, the party considers that the trademark used by others belongs to the thirteenth provision of the trademark law. If a person requests to protect his well-known trademark, he may make a written request for prohibition of the use of the industrial and commercial administrative department at the city (prefecture or prefecture level) above the place where the case occurred, and submit relevant materials certifying the well-known trademark.

At the same time, it will report to the provincial administrative department for Industry and commerce at its location.

Article sixth after receiving the application for protecting well-known trademarks in trademark management, the administrative departments for Industry and Commerce shall examine whether the cases belong to the following thirteenth situations stipulated in the Trademark Law:

(1) if others use the same or similar trademarks on the same or similar commodities without permission, they will easily lead to confusion.

(two) unauthorized use of trademarks that are the same or similar to the well-known trademarks registered by the parties in different or similar commodities may easily lead the public to mislead the public, resulting in damage to the interests of the registered trademark of the well-known trademark.

For the cases considered to be in the above circumstances, the administrative departments for Industry and Commerce shall submit the materials of all cases to the administrative departments for Industry and Commerce of the provinces (autonomous regions and municipalities directly under the central government) within fifteen working days from the date of accepting the request of the parties concerned, and issue notice of acceptance to the parties concerned; the administrative departments for Industry and Commerce of the provinces (autonomous regions and municipalities directly under the central government) shall submit all the case materials to the Trademark Office within fifteen working days from the date of receiving the request of the parties concerned.

The provincial administrative department for Industry and Commerce considers that the case occurred in the above circumstances may also be submitted to the trademark office.

The 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.

Seventh industrial and commercial administrative departments of provinces (autonomous regions and municipalities directly under the central government) shall examine the cases concerning the protection of well-known trademarks submitted by the administrative departments of industry, commerce and industry within their respective jurisdictions.

A case that considers that the first paragraph of article sixth of this provision shall be submitted to the Trademark Office within fifteen working days from the date of receipt of the case materials submitted by the administrative departments for Industry and commerce within the jurisdiction of the region.

If a case is considered not to be in the first paragraph of article sixth of this provision, the relevant material shall be returned to the original case receiving organ, and shall be dealt with in a timely manner in accordance with the relevant provisions of the trademark law and the implementing regulations.

The eighth Trademark Office shall, within six months from the date of receipt of the relevant case materials, make a decision and notify the administrative department for Industry and Commerce of the province (autonomous region or municipality directly under the central government) where the result of the case is informed, and send it to the administrative department for Industry and Commerce of the province (autonomous region or municipality directly under the central government) where the party is located.

Except for materials that are well known for certification marks, the Trademark Office shall return the materials of other cases to the administrative departments for Industry and Commerce in provinces (autonomous regions and municipalities directly under the central government) where the case occurs.