Article 13 of the "Trademark Law" stipulates: "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. The use of a trademark applied for registration on different or dissimilar goods is a copy, imitation or reproduction of a well-known trademark already registered in China by others, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark. Registration and prohibited use”

[Relevant Judicial Interpretations]

·Interpretation of the Supreme People’s Court on Several Issues concerning the Applicable Law in the Trial of Trademark Cases

(Excerpts) )

(Fa Interpretation (2002) No. 32 came into effect on October 16, 2002)

Article 2: According to the provisions of Article 13, Paragraph 1, of the Trademark Law, copying, Anyone who imitates or translates a well-known trademark or its main part that has not been registered in China and uses it as a trademark on the same or similar goods, which is likely to cause confusion, shall bear civil legal liability to stop the infringement.

1. Well-known trademarks are divided into two categories: "well-known trademarks not registered in China" and "well-known trademarks registered in China."

2. There are two ways to protect well-known trademarks: a. "Not allowed to be registered", b. "Prohibited use".

3. Well-known trademarks protected by the above two forms should meet the following prerequisites:

A. The well-known trademark has been applied for registered trademark or used by others in the form of copying, imitation or translation. ;

B. The above use may easily cause confusion or mislead the public, causing the interests of well-known trademark holders to be harmed.

4. For "well-known trademarks not registered in China", protection will only be provided on identical or similar goods; for "well-known trademarks registered in China", protection will be provided even on different or dissimilar goods. Or the service also applies.

5. China’s protection of trademarks is based on the principle of registration. Therefore, without registration, you cannot obtain exclusive rights to trademarks and are not protected by law. However, well-known trademarks are an exception. Even “well-known trademarks not registered in China” can be Receive special protection from trademark laws; ordinary registered trademarks can only enjoy exclusive rights protected by law on the same or similar goods or services for which they are registered, while "well-known trademarks registered in China" can only be used on the same or similar goods or services. Enjoy exclusive rights on services and may receive legal protection on goods or services that are not identical or similar.