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Can trademarks be used across categories?

You cannot use other people’s well-known trademarks across categories. According to relevant legal provisions, if the holder of a trademark that is well-known to the relevant public believes that its rights have been infringed, it can apply for well-known trademark protection. The People's Court shall take comprehensive consideration based on the specific circumstances of the case. If it is determined to be a well-known trademark, it shall provide special protection in accordance with the law.

Legal Basis

Article 13 of the Trademark Law of the People's Republic of China

A trademark that is well known to the relevant public, the holder believes When its rights are infringed, it may apply for well-known trademark protection in accordance with the provisions of this Law.

If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use will be prohibited.

Article 14

Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. The following factors should be considered in determining a well-known trademark:

(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) The record of the trademark being protected as a well-known trademark;

(5) The Other factors that make a trademark famous.