Trademarks are unregistered and generally not protected by law. However, if the trademark meets the standards of well-known trademarks, even if it is not registered in China, it should be protected according to the registered well-known trademarks. The factors that determine well-known trademarks include the public's awareness of trademarks and the use period.

legal ground

Article 13 of the Trademark Law of People's Republic of China (PRC)

Trademark holders who are well-known to the relevant public think that their rights have been infringed may request the protection of the well-known trademark in accordance with the provisions of this Law.

A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others, which is not registered in China. It is easy to cause confusion, so it is not registered and prohibited to be used.

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 shall be considered when identifying well-known trademarks:

(a) the public's awareness of the trademark;

(2) the term of 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 famous.

Article 56

The exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use.