Regulations on the Recognition and Protection of Famous Trademarks, Order No. 5 of the State Administration for Industry and Commerce of the People's Republic of China, issued on April 17, 2003

134      2024/07/19 10:40

Article 1: These regulations are formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) and the Implementing Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementing Regulations).

Article 2: The well-known trademark referred to in these regulations refers to a trademark that is widely known and enjoys a high reputation among the relevant public in China.

The relevant public includes consumers related to the goods or services indicated by the trademark, other operators producing the aforementioned goods or providing services, as well as sellers and related personnel involved in distribution channels.

The following materials can be used as evidence to prove that the trademark is well-known:

(1) Relevant materials proving the level of public awareness of the trademark;

(2) Relevant materials proving the duration of use of the trademark, including the history and scope of its use and registration;

(3) Relevant materials proving the duration, degree, and geographical scope of any promotional work for the trademark, including the methods of advertising and promotional activities, geographical scope, types of promotional media, and advertising volume, etc;

(4) Relevant materials proving the protection record of the trademark as a well-known trademark, including relevant materials proving that the trademark has been protected as a well-known trademark in China or other countries and regions;

(5) Other evidence materials to prove the fame of the trademark, including the production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main goods using the trademark in the past three years.

Article 4: If a party believes that a trademark that has been preliminarily approved and published by others violates the provisions of Article 13 of the Trademark Law, they may raise an objection to the Trademark Office in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials to prove that their trademark is well-known.

If the parties concerned believe that a trademark already registered by others violates Article 13 of the Trademark Law, they may request the Trademark Review and Adjudication Board to revoke the registered trademark in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials to prove that the trademark is well-known.

Article 5: In the work of trademark management, if a party believes that a trademark used by others falls under the circumstances stipulated in Article 13 of the Trademark Law and requests protection of its well-known trademark, it may submit a written request to the administrative department for industry and commerce at or above the city (prefecture, state) level where the case occurs to prohibit its use, and submit relevant materials to prove that its trademark is well-known. At the same time, copy and report to the provincial administration for industry and commerce where it is located.

Article 6: After receiving an application for the protection of a well-known trademark in trademark management, the administrative department for industry and commerce shall examine whether the case falls under the following circumstances as stipulated in Article 13 of the Trademark Law:

(1) Unauthorized use of a trademark that is identical or similar to a well-known trademark not registered in China by others on the same or similar goods, which can easily lead to confusion;

(2) Unauthorized use of a trademark that is identical or similar to a well-known trademark already registered in China by others on goods that are different or dissimilar can easily mislead the public and potentially harm the interests of the registrant of the well-known trademark.

For cases considered to fall under the above circumstances, the municipal (prefecture, state) administration for industry and commerce shall, within fifteen working days from the date of accepting the request of the parties, submit all case materials to the provincial (autonomous region, municipality directly under the central government) administration for industry and commerce where it is located, and issue a notice of acceptance of the case to the parties; The administrative department for industry and commerce of the province (autonomous region, municipality directly under the central government) shall submit all case materials to the Trademark Office within fifteen working days from the date of accepting the request of the parties. If the provincial administration for industry and commerce where the parties are located considers that the case falls under the above-mentioned circumstances, they may also submit it to the Trademark Office.

For cases that are not considered to fall under the above circumstances, timely handling should be made in accordance with the relevant provisions of the Trademark Law and its implementing regulations.

Article 7: The provincial (autonomous region, municipality directly under the Central Government) administration for industry and commerce shall review the case materials related to the protection of well-known trademarks submitted by the municipal (prefecture, state) administration for industry and commerce within its jurisdiction.

For cases that are considered to fall under the circumstances of Article 6, Paragraph 1 of these Regulations, they shall be submitted to the Trademark Office within fifteen working days from the date of receiving the case materials submitted by the administrative department for industry and commerce of the city (prefecture, state) within their jurisdiction.

For cases that are not considered to fall under the circumstances of Article 6, Paragraph 1 of these Regulations, the relevant materials shall be returned to the original filing authority for timely processing in accordance with the relevant provisions of the Trademark Law and its implementing regulations.

Article 8: The Trademark Office shall make a determination within six months from the date of receiving the relevant case materials, and notify the administrative department for industry and commerce of the province (autonomous region, municipality directly under the Central Government) where the case occurred of the determination result, and copy the administrative department for industry and commerce of the province (autonomous region, municipality directly under the Central Government) where the party is located.

Except for the materials proving the trademark is well-known, the Trademark Office shall return other case materials to the administrative department for industry and commerce of the province (autonomous region, municipality directly under the Central Government) where the case occurred.

Article 9: If a trademark has not been recognized as a well-known trademark, within one year from the date of the recognition result, the parties shall not make another request for recognition based on the same facts and reasons for the same trademark.

Article 10: When recognizing a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider all factors stipulated in Article 14 of the Trademark Law, but shall not assume that the trademark must meet all the factors stipulated in that article.

Article 11: When protecting well-known trademarks, the Trademark Office, Trademark Review and Adjudication Board, and local administrative departments for industry and commerce shall consider the distinctiveness and degree of fame of the trademark.

Article 12: When a party requests protection of their trademark in accordance with Article 13 of the Trademark Law, they may provide records of the trademark being protected as a well-known trademark by relevant competent authorities in China.

If the scope of protection of the case accepted is basically the same as that of the case already protected as a well-known trademark, and the other party has no objection to the trademark being well-known, or although there is an objection, 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 based on the conclusion of the protection record.

If the scope of protection of the case accepted is different from that of the case already protected as a well-known trademark, or if the other party has objections to the well-known trademark and provides evidence that the trademark is not well-known, the Trademark Office or Trademark Review and Adjudication Board shall re-examine the materials of the well-known trademark and make a determination.

Article 13: If a party believes that someone else's registration of their well-known trademark as an enterprise name may deceive or cause misunderstandings to the public, they may apply to the competent authority for enterprise name registration to revoke the registration of the enterprise name. The competent authority for enterprise name registration shall handle it in accordance with the "Regulations 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 promptly transfer cases suspected of counterfeiting trademark crimes to relevant departments.

Article 15: The decision to protect well-known trademarks shall be copied to the Trademark Office by the administrative department for industry and commerce of the province (autonomous region, municipality directly under the Central Government) where the handling authority is located.

Article 16: The administrative departments for industry and commerce at all levels shall establish corresponding supervision mechanisms, formulate corresponding supervision and restraint measures, and strengthen the supervision and inspection of the entire process of the recognition of well-known trademarks.

Personnel involved in the recognition of well-known trademarks who abuse their power, engage in favoritism and fraud, seek improper benefits, and illegally handle matters related to the recognition of well-known trademarks shall be subject to administrative sanctions in accordance with the law; Those who commit crimes shall be held criminally responsible in accordance with the law.

Article 17: These regulations shall come into effect on June 1, 2003. The Interim Provisions on the Recognition and Management of Well known Trademarks issued by the State Administration for Industry and Commerce on August 14, 1996 were simultaneously abolished.