1. Article 13 If the holder of a trademark that is well-known to the relevant public thinks that its rights have been infringed, he may request the protection of the well-known trademark in accordance with the provisions of this Law.
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.
if the trademark applied for registration of different or similar goods is a copy, imitation or translation of a well-known trademark registered by others in China, misleading the public, which may damage the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.
4. Article 14
Well-known trademarks shall be recognized as facts that need to be recognized in handling trademark cases at the request of the parties concerned. The following factors should be considered when identifying a well-known trademark:
(1) the awareness of the trademark by the relevant public;
(2) the duration of the use of the trademark;
(3) the duration, degree and geographical scope of any publicity work of the trademark;
(4) the record that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark well-known.
in the process of trademark registration examination and investigation of trademark violation cases by the administrative department for industry and commerce, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the Trademark Office may, according to the needs of examination and handling of the case, determine the well-known situation of the trademark.
in the process of handling trademark disputes, if the parties claim their rights in accordance with the provisions of article 13 of this law, the trademark review and adjudication board may, according to the needs of handling the case, make a determination on the well-known situation of the trademark.
in the process of trying a trademark civil or administrative case, if the parties claim their rights in accordance with the provisions of article 13 of this law, the people's court designated by the Supreme People's Court may, according to the needs of trying the case, make a determination on the well-known trademark.
producers and business operators shall not use the words "well-known trademarks" on commodities, commodity packages or containers, or in advertising, exhibitions and other commercial activities.