Examination and Approval of Well-known Trademark Recognition Applications

Section 1 Factors and Evidence Materials to be Considered for Recognition of Well-known Trademarks

Article 7 The determination of well-known trademarks shall be based on Article 14 of the Trademark Law considers the following factors, but it does not presuppose that the trademark must meet all of the following factors:

(1) The degree of awareness of the trademark by the relevant public;

(2) The duration of use of the trademark;

(3) The duration, extent and geographical scope of any publicity work for the trademark;

( 4) Records that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous.

Article 8 To determine a well-known trademark, the following evidence materials proving that the trademark is well-known shall be reviewed in accordance with the provisions of Article 3 of the "Provisions on the Recognition and Protection of Well-known Trademarks":

(1) Proof of relevant Relevant materials on the public’s awareness of the trademark;

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

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

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

(5) Other evidence materials proving that the trademark is well-known, including the production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main products using the trademark in the past three years.

Section 2: Review in Trademark Management Procedures

Article 9: Applications for well-known trademark recognition reported by provincial industrial and commercial administration agencies in accordance with the "Regulations on the Recognition and Protection of Well-known Trademarks" For case materials and evidence proving that a trademark is well-known, the Trademark Office implements a separate system for collecting documents and processing documents. The General Department of the Trademark Office is responsible for collecting documents, and the relevant departments are responsible for sorting out materials and establishing a register for registration.

If the applicant submits supplementary evidence materials for an application for well-known trademark recognition filed in trademark management, the relevant office can incorporate the supplementary materials into the application materials and organize them before the relevant application is submitted to the Trademark Office Director’s Office Meeting. .

Article 10: The Office in Charge may seek opinions from relevant offices or departments on technical issues such as the distinctiveness and degree of well-knownness of a trademark.

When the undertaking office deems it necessary, it may inquire about the relevant situation from the local industrial and commercial administrative department.

Article 11: For applications for well-known trademark recognition submitted during trademark management, the Director of the Undertaking Division will preside over an administrative meeting to discuss and put forward preliminary opinions. The number of participants in the office meeting shall not be less than two-thirds of the entire office staff. Minutes of the meeting should be kept.

Article 12: After discussion at the division meeting, a preliminary opinion on whether the trademark meets the conditions for a well-known trademark or does not meet the conditions for a well-known trademark shall be reported by the division director to the deputy director in charge. The deputy director in charge submitted it to the Trademark Office director’s office meeting for discussion.

Section 3 Examination in Trademark Opposition Procedures

Article 13 For applications for well-known trademark recognition filed during trademark opposition (including trademark opposition in international registration procedures), In accordance with the provisions of the Trademark Law, the Implementing Regulations of the Trademark Law and the Provisions on the Recognition and Protection of Well-known Trademarks, in principle, trademark objections will be heard in the order of application time.

Article 14: The organizer shall sort out the certification materials for well-known trademarks and submit them to the administrative meeting for discussion after discussion by the collegial group. The director of the department shall preside over a department meeting, and the number of participants in the meeting shall not be less than two-thirds of the entire department. Minutes of the meeting should be kept.

Article 15: After discussion at the handling meeting, it is concluded that the evidence materials are sufficient and the opposition case does need to be decided in accordance with Article 13 of the Trademark Law, or the evidence is insufficient, and the opposition case does not need to be ruled in accordance with the "Trademark Law" Opinions on the ruling under Article 13 of the Trademark Law shall be reported by the director to the deputy director in charge. The deputy director in charge submitted it to the Trademark Office director's office meeting for discussion.

Section 4: Review in Trademark Objection Review and Trademark Dispute Procedures

Article 16: Applications for well-known trademark recognition filed during trademark objection review and trademark dispute procedures, trademark review The committee conducts trials in accordance with the provisions of the Trademark Law, the Implementing Regulations of the Trademark Law, the Provisions on the Recognition and Protection of Well-known Trademarks and the Trademark Review Rules.

Article 17 When the Trademark Review and Adjudication Board hears cases involving the recognition of well-known trademarks, the case handling office shall form a collegial panel to hear the case.

The collegial panel shall be composed of an odd number of three or more trademark review personnel, and the director of the case handling office must serve as a member of the collegial panel. When the collegial panel hears cases involving the recognition of well-known trademarks, the principle of minority submission to the majority is implemented.

Article 18: If the collegial group deems after review that it basically meets the conditions for a well-known trademark, the director of the division shall report it to the deputy director in charge. If the deputy director in charge considers that it basically meets the requirements for a well-known trademark, he will submit it to the Trademark Review and Adjudication Board for discussion with the approval of the director.

Article 19: If the director agrees to submit a case involving the recognition of a well-known trademark to the committee for discussion, the person in charge of the case shall promptly submit the relevant materials to the General Office. The General Affairs Office shall make copies of relevant materials and send them to those participating in the committee three days before the committee meeting.

Section 5 Approval

Article 20 The Director’s Office Meeting of the Trademark Office to discuss well-known trademark recognition cases shall be composed of the Director, Deputy Directors, Inspectors, and Deputy Inspectors. Long attendance.

Article 21: The Trademark Review and Adjudication Board’s committee that discusses well-known trademark recognition cases shall be composed of the director, inspectors, deputy directors, deputy inspectors, and directors of various divisions.

Article 22: The Office of the Director of the Trademark Office will study and review the opinions submitted by the Deputy Director-General of the Trademark Office, and make opinions on the proposed recognition of those that meet the conditions for well-known trademarks; those that do not meet the conditions for well-known trademarks, Return it to the handling office and follow relevant procedures. Among them, for an application for well-known trademark recognition filed during the trademark opposition procedure, if the Office of the Director of the Trademark Office deems that the evidence is insufficient or that the opposition case does not need to be ruled in accordance with Article 13 of the Trademark Law, the Office will handle it as a general opposition case; for trademarks If an application for well-known trademark recognition submitted during the management procedures is deemed by the Office of the Director of the Trademark Office to be unqualified for well-known trademarks, the Office will issue a document to return the application in accordance with the official document processing procedures and return the application materials together.

The Trademark Review and Adjudication Board committee will study and review the opinions submitted by the deputy director in charge, and make an opinion on the proposed recognition if it believes that it meets the conditions for a well-known trademark; if it thinks that it does not meet the conditions for a well-known trademark, it will be returned to the handling office and followed the relevant procedures. handle. The number of participants in the Trademark Review and Adjudication Board Committee shall not be less than two-thirds of those who should attend.

After the Trademark Office Director’s office meeting or the Trademark Review and Adjudication Board committee forms an opinion, it shall be reported to the Well-known Trademark Recognition Committee for study in a timely manner.

To apply for a well-known trademark, please contact "Zhongheng Gaobo"-4006981806

Website: