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What is a well-known trademark in China?

China's well-known trademarks refer to the relevant public's awareness of the trademark, the duration of use, etc. The content will be reviewed and if it meets the requirements, it will be recognized as a well-known trademark and the trademark will be given special protection for well-known trademarks.

Legal Basis

Article 13 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China"

A trademark that is well known to the relevant public shall hold When a person believes that his or her rights have been infringed upon, he 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.