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Section 2: Review in Trademark Management Procedures

Section 3: Review in Trademark Opposition Procedures

Section 4: Review of Trademark Opposition and Trademark Dispute Procedures Review

Section 5 Approval

Chapter 3 Review and Approval

Chapter 4 Supervision and Legal Responsibilities

Chapter 5 Article 1 of the Supplementary Provisions is to promote the implementation of the trademark strategy, standardize the identification of well-known trademarks, promote the further legalization, institutionalization, standardization and proceduralization of the identification of well-known trademarks, effectively safeguard the legitimate rights and interests of trademark owners, and improve the intellectual property protection system, To optimize the innovation environment and promote sound and rapid economic development, in accordance with the Trademark Law of the People's Republic of China, the Implementing Regulations of the Trademark Law of the People's Republic of China, the Provisions on the Recognition and Protection of Well-known Trademarks and the National "Regulations on the Main Responsibilities, Internal Organizations and Staffing of the State Administration for Industry and Commerce" and formulated these detailed rules.

Article 2 The recognition of well-known trademarks in these rules refers to the recognition of well-known trademarks by the Trademark Office and the Trademark Review and Adjudication Board in accordance with the Trademark Law, the Implementation Regulations of the Trademark Law, the Provisions on the Recognition and Protection of Well-known Trademarks, and the Trademark Review and Adjudication Board. "Rules" and the relevant provisions of the "Regulations on the Main Responsibilities, Internal Structure and Staffing of Each Department (Department, Bureau, Office)" of the State Administration for Industry and Commerce to identify well-known trademarks.

Article 3 The purpose of well-known trademark recognition is to increase the protection of trademark rights, guide enterprises to implement trademark strategies, use independent trademarks, enrich trademark connotations, attach importance to trademark intellectual property innovation and protection, and increase trademark visibility. Form a group of advantageous enterprises with independent intellectual property rights and well-known brands and strong international competitiveness to promote enterprise and social and economic development and promote the construction of an innovative country.

Article 4 The Trademark Office and the Trademark Review and Adjudication Board shall carry out well-known trademark identification work strictly, accurately and in accordance with the law, correctly guide public opinion propaganda, promote the healthy development of the well-known trademark identification and protection system, and support and help enterprises to reasonably implement trademarks. strategy.

The Trademark Office should guide local industrial and commercial administrative departments to strictly control the application process for well-known trademark recognition to ensure that the content of application materials is true and accurate.

Article 5 The Trademark Office and the Trademark Review and Adjudication Board shall establish a Well-known Trademark Recognition Committee, whose members shall include the directors, directors, deputy directors, deputy directors, inspectors, deputy inspectors, and directors of the Trademark Office and the Trademark Review and Adjudication Board. , the director is the chairman committee member.

Article 6 The Trademark Office and the Trademark Review and Adjudication Board Office shall accept, organize and review application materials for well-known trademark recognition in accordance with these rules; Carry out the review work in the recognition of well-known trademarks; the Well-known Trademark Recognition Committee shall carry out the re-examination work in the recognition of well-known trademarks in accordance with these rules; the Office of the Director of the State Administration for Industry and Commerce will review the well-known trademarks to be recognized by the Well-known Trademark Recognition Committee. Section 1 Factors and evidence materials that should be considered in the determination of well-known trademarks

Article 7 The determination of a well-known trademark shall take into account the following factors in accordance with the provisions of Article 14 of the Trademark Law, but shall not be based on the following factors: A 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 mark 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 Article 3 of the "Regulations on the Recognition and Protection of Well-known Trademarks".

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 well-known degree 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 will 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 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 committee of the Trademark Review and Adjudication Board 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 approve the opinions submitted by the Deputy Director-General of the Trademark Office.

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 shall study and review the opinions submitted by the deputy director in charge. The number of participants in the Trademark Review and Adjudication Board committee shall not be less than two-thirds of the persons who should be present.

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. Article 23 The Well-known Trademark Recognition Committee shall review and approve well-known trademarks submitted by the Trademark Office and the Trademark Review and Adjudication Board in accordance with the provisions of the Trademark Law, the Implementation Regulations of the Trademark Law, the Provisions on the Recognition and Protection of Well-known Trademarks, and the Trademark Review and Adjudication Rules. The opinions will be studied and reviewed, and the well-known trademarks to be recognized after review will be reported to the office meeting of the Director of the General Administration for review in a timely manner. If it is intended to be returned after review, it will be returned to the Trademark Office or the Trademark Review and Adjudication Board for processing in accordance with relevant procedures.

When the Well-known Trademark Recognition Committee convenes the above-mentioned review meeting, the number of participants shall not be less than two-thirds of the persons who should be present.

Article 24 Based on the review opinions of the General Administration, the Trademark Office and the Trademark Review and Adjudication Board shall make an approval or ruling in accordance with their respective official document processing procedures, and promptly announce the recognized well-known trademarks to the public.

Article 25: After the Trademark Office and the Trademark Review and Adjudication Board make a ruling on trademark objection, trademark objection review, or trademark dispute, they shall combine the materials related to the recognition of well-known trademarks with the trademark objection, trademark objection review, and trademark dispute. The disputed case materials are filed together.

After the Trademark Office makes an approval regarding the recognition of a well-known trademark in a case under trademark management, the relevant materials should be filed. Materials for well-known trademark recognition should be kept in one volume per case, and the retention period is three years.

Article 26 If an application for well-known trademark recognition submitted during the trademark management procedure is deemed not to meet the conditions for a well-known trademark during the review and review procedures, it will be returned and will be reviewed by the deputy director in charge of the General Administration. trial. According to the review opinions of the leaders of the General Administration, the Trademark Office will issue a document to return the application in accordance with the official document processing procedures, and return the application materials together. Article 27 When the Trademark Office Director’s Office Meeting and the Trademark Review and Adjudication Committee are studying the recognition of well-known trademarks, the Central Commission for Discipline Inspection and the Ministry of Supervision will dispatch personnel to the Discipline Inspection Team of the State Administration for Industry and Commerce and the Supervision Bureau to supervise.

When the Well-known Trademark Recognition Committee held a review meeting, the Central Commission for Discipline Inspection and the Ministry of Supervision’s Discipline Inspection Team and the Supervision Bureau of the State Administration for Industry and Commerce sent personnel to supervise, and the China Trademark Association sent representatives to attend the meeting.

Article 28 The Trademark Office and the Trademark Review and Adjudication Board shall list the identification of well-known trademarks as integrity risk points, establish and improve a supervision and inspection system, and strengthen the management of risk points.

Article 29 During the well-known trademark recognition review period, any unit or individual may report the situation and put forward opinions to the Trademark Office and the Trademark Review and Adjudication Board. Well-known trademark claimants, interested parties and their agents' visits regarding relevant well-known trademark recognition applications will be received by the General Office of the Trademark Office or the General Office of the Trademark Review and Adjudication Board. The General Office of the Trademark Office or the General Office of the Trademark Review and Adjudication Board shall promptly report the reflected situation in writing to the relevant responsible office.

Article 30 Personnel engaged in the recognition of well-known trademarks must strictly abide by work disciplines and shall not disclose confidential matters in the recognition of well-known trademarks or situations that should not be disclosed in accordance with relevant requirements.

Article 31 The well-known trademark recognition work and the personnel engaged in the recognition work must strictly abide by the relevant regulations on integrity and self-discipline, and must strictly abide by the "Trademark Law" and "Trademark Registration, Management and Review of the Industrial and Commercial Administration Department" Code of Work and other relevant regulations.

For violations of laws and disciplines, relevant parties must be held accountable in accordance with relevant regulations. Article 32 The State Administration for Industry and Commerce is responsible for the interpretation of these detailed rules.

Article 33 These detailed rules shall come into effect on the date of promulgation.

On September 2, 2013, the fourth meeting of the Standing Committee of the Twelfth National People's Congress voted to adopt the "Decision of the Standing Committee of the National People's Congress on Amending the Trademark Law of the People's Republic of China" ” (hereinafter referred to as the “Decision”). The new Trademark Law stipulates that manufacturers and operators are not allowed to use the words "well-known trademark" on goods, product packaging or containers, or in advertising, exhibitions and other commercial activities.