Article 1 is to standardize the identification of well-known trademarks and protect the legitimate rights and interests of well-known trademark holders. According to the Trademark Law of the People’s Republic of China (hereinafter referred to as the Trademark Law) and the Trademark Law of the People’s Republic of China, **The Implementing Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementing Regulations), formulate these regulations. Article 2 A well-known trademark is a trademark that is well known to the relevant public in China.
The relevant public includes consumers related to the certain type of goods or services marked by the trademark, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in the distribution channels. Article 3 The Trademark Office and the Trademark Review and Adjudication Board are responsible for identifying and protecting well-known trademarks in the process of trademark registration review, trademark dispute resolution, and industrial and commercial administrative departments’ investigation and handling of trademark violation cases based on the requests of the parties and the needs of reviewing and handling cases. Article 4 The recognition of well-known trademarks follows the principles of case-by-case recognition and passive protection. Article 5 If a party files an objection to the Trademark Office in accordance with Article 33 of the Trademark Law and requests the protection of a well-known trademark in accordance with Article 13 of the Trademark Law, it may submit a written request for well-known trademark protection to the Trademark Office and submit its trademark composition. Evidence of well-known trademarks. Article 6 If a party requests the protection of a well-known trademark in accordance with Article 13 of the Trademark Law in a case of trademark non-registration review or request for invalidation, it may submit a written request for well-known trademark protection to the Trademark Review and Adjudication Board and submit that its trademark constitutes a well-known trademark. Evidence materials for trademarks. Article 7: Trademark violation cases involving the protection of well-known trademarks shall be under the jurisdiction of the industrial and commercial administrative departments at or above the municipal (prefecture, state) level. If a party requests the administrative department for industry and commerce to investigate and handle trademark violations, and requests protection of a well-known trademark in accordance with Article 13 of the Trademark Law, he or she may file a complaint with the administrative department for industry and commerce at or above the municipal (prefecture, state) level where the illegal act occurred, and file a complaint. To make a written request for well-known trademark protection, submit evidence proving that the trademark constitutes a well-known trademark. Article 8 A party requesting the protection of a well-known trademark shall abide by the principle of good faith and be responsible for the authenticity of the facts and evidence materials submitted. Article 9 The following materials may be used as evidence to prove compliance with the provisions of Article 14, Paragraph 1 of the Trademark Law:
(1) Materials proving the relevant public’s awareness of the trademark.
(2) Materials proving the duration of use of the trademark, such as the history and scope of use and registration of the trademark. If the trademark is an unregistered trademark, materials proving that the trademark has been used for no less than five years should be provided. If the trademark is a registered trademark, materials proving that it has been registered for no less than three years or has been continuously used for no less than five years should be provided.
(3) Materials proving the duration, extent and geographical scope of any publicity work for the trademark, such as the methods, geographical scope, types of publicity media and advertising placement in the past three years Quantity of materials.
(4) Materials proving that the trademark has been protected as a well-known trademark in China or other countries and regions.
(5) Other evidence materials proving that the trademark is well-known, such as the sales revenue, market share, net profit, tax amount, sales area and other materials of the main products using the trademark in the past three years.
The "three years" and "five years" mentioned in the preceding paragraph refer to the three years and five years before the date of the trademark registration application against which the objection was raised and the date of the trademark registration application against which the request for invalidation was made. As well as three and five years before the date of filing a request for well-known trademark protection in trademark violation cases. Article 10 If a party files a request for protection of a well-known trademark in accordance with Articles 5 and 6 of these Provisions, the Trademark Office and the Trademark Review and Adjudication Board shall apply in accordance with Articles 35, 37, and 45 of the Trademark Law. be processed in a timely manner within the time limit. Article 11 If a party requests the industrial and commercial administration department to investigate and deal with trademark violations in accordance with Article 7 of these Provisions, the industrial and commercial administrative department shall verify the complaint materials and decide whether to comply with the relevant provisions of the "Administrative Penalty Procedure Provisions of the Industrial and Commercial Administrative Organs" File a case. After deciding to file a case, the industrial and commercial administration department shall conduct a preliminary verification on whether the request for well-known trademark protection and relevant evidence materials submitted by the party comply with the provisions of Articles 13 and 14 of the Trademark Law, Article 3 of the Implementing Regulations, and Article 9 of these Regulations. and review. If the preliminary verification complies with the regulations, a request for well-known trademark recognition and copies of the case materials shall be submitted to the superior industrial and commercial administrative department within 30 days from the date of filing the case.
If the case does not comply with the regulations upon review, it shall be dealt with in a timely manner in accordance with the provisions of the "Administrative Punishment Procedures of the Industrial and Commercial Administration Organs". Article 12 The provincial (autonomous region, municipality) administrative department for industry and commerce shall check whether the materials related to the recognition of well-known trademarks submitted by the administrative department for industry and commerce at the municipal (prefecture, state) level within their jurisdiction comply with Articles 13 and 14 of the Trademark Law , carry out verification and review in accordance with Article 3 of the Implementation Regulations and Article 9 of these Regulations. If it is verified that it complies with the regulations, the application for well-known trademark recognition and copies of the case materials should be submitted to the Trademark Office within 30 days from the date of receipt of the relevant materials for the recognition of well-known trademarks. If the case does not comply with the regulations upon review, the relevant materials shall be returned to the original filing authority, which shall promptly handle the case in accordance with the provisions of the "Administrative Punishment Procedures of Industrial and Commercial Administrative Agencies".