The legal application of well-known trademark protection includes Article 13 of the Trademark Law of the People's Republic of China, Articles 4, 7 and 19 of the Provisions on the Recognition and Protection of Well-known Trademarks. That is, those who copy or imitate other well-known trademarks shall not be registered and prohibited from using them. The recognition of well-known trademarks follows the principles of case recognition and passive protection.
Legal basis:
The holder of a trademark well-known to the relevant public in Article 13 of the Trademark Law of the People's Republic of China may request the protection of a well-known trademark in accordance with the provisions of this Law when he thinks that his rights have been infringed. A trademark applied for registration of the same or similar goods is a well-known trademark copied, imitated or translated by others that is not registered in China, which may easily lead to confusion, so it shall not be registered and its use shall be prohibited.
Provisions on Recognition and Protection of Well-known Trademarks
Article 4 The recognition of well-known trademarks follows the principles of case recognition and passive protection.
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 city (prefecture) level. Where a party requests the administrative department for industry and commerce to investigate and deal with trademark violations, and requests the protection of well-known trademarks in accordance with Article 13 of the Trademark Law, it may lodge a complaint with the administrative department for industry and commerce at or above the city (prefecture) level where the illegal acts occurred, make a written request for the protection of well-known trademarks, and submit evidence to prove that its trademark constitutes a well-known trademark.
article 19 the administrative departments for industry and commerce at all levels shall establish and improve the supervision and inspection system for the identification of well-known trademarks.