New rules for the protection of well-known trademarks


Xiang Gao

On July 3, 2014, the State Administration for Industry and Commerce (SAIC) published revised Regulations on the Recognition and Protection of Well-Known Trademarks (the regulations).

They came into effect 30 days from the date of publication and are intended to standardise well-known trademark recognition and better protect the legal rights of well-known trademark holders.

Article 14 of the new China Trademark Law stipulates the factors to be considered in affirming the well-known status of a mark, and also provides clarification on the venues for asserting well-known mark rights, including the China Trademark Office (CTMO), the China Trademark Review and Adjudication Board (TRAB), and the relevant courts designated by the Supreme Court of the People’s Republic of China (PRC).

The regulations are interpreted in respect of administrative recognition made by the CTMO and the TRAB, under the SAIC. Some important contents are summarised below.

trademarks; well-known; SAIC; WIPO; CTMO