It is not a well-known trademark in China. Well-known trademarks in China need to meet the following conditions: Order of the State Administration for Industry and Commerce (No. 5)

The "Regulations on the Recognition and Protection of Well-known Trademarks" has been approved by the Executive Meeting of the State Administration for Industry and Commerce of the People's Republic of China After deliberation and approval, it is now released and will come into effect on June 1, 2003.

Director Wang Zhongfu

April 17, 2003

Article 1 According to the Trademark Law of the People's Republic of China (hereinafter (hereinafter referred to as the Trademark Law) and the Implementation Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementation Regulations), formulate these regulations.

Article 2: Well-known trademarks in these regulations refer to trademarks that are widely known to the relevant public in China and enjoy a high reputation.

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 following materials can be used as evidence to prove that a trademark is well-known:

(1) Relevant materials that prove the relevant public’s awareness of the trademark;

(2) Relevant materials proving the duration of use of the trademark, including the history and scope of use and registration of the trademark;

(3) Proving the duration, extent and scope of any publicity work for the trademark Relevant materials on the geographical scope, including the methods of advertising and promotion activities, geographical scope, types of promotional media, and the amount of advertising; (4) Records proving that the trademark is protected as a well-known trademark Relevant materials, including relevant materials 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, including the main products using the trademark recently Three years of production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials.

Article 4 If a party believes that another person’s preliminary approved and announced trademark violates Article 13 of the Trademark Law, he or she may file an objection with the Trademark Office in accordance with the provisions of the Trademark Law and its Implementing Regulations, and submit proof of its infringement. Materials related to well-known trademarks.

If a party believes that someone else’s registered trademark violates Article 13 of the Trademark Law, he or she may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark in accordance with the provisions of the Trademark Law and its Implementing Regulations, and submit proof of the cancellation of the registered trademark. Well-known related materials.

Article 5: In the course of trademark management, if a party believes that the trademark used by others falls under the circumstances stipulated in Article 13 of the Trademark Law, and requests protection of its well-known trademark, it may file a request with the city (prefecture, or county) where the case occurs. The industrial and commercial administration department at or above the state level shall submit a written request for prohibition of use and submit relevant materials proving that the trademark is well-known. At the same time, a copy shall be submitted to the provincial industrial and commercial administration department where it is located.

Article 6 After receiving an application for the protection of a well-known trademark in the course of trademark management, the industrial and commercial administrative department shall examine whether the case falls within the following circumstances stipulated in Article 13 of the Trademark Law:

(1) Others use trademarks that are identical or similar to the party’s well-known trademarks that have not been registered in China without authorization, which is likely to cause confusion;

(2) Others use trademarks that are not identical or The unauthorized use of a trademark that is the same as or similar to a well-known trademark registered in China by the party concerned on dissimilar goods may easily mislead the public and may cause damage to the interests of the registrant of the well-known trademark.

For cases considered to fall under the above circumstances, the municipal (prefecture, state) industrial and commercial administrative department shall submit all case materials to the local province (autonomous region) within fifteen working days from the date of accepting the party’s request. , municipality directly under the Central Government) industrial and commercial administration department, and issue a notice of case acceptance to the parties; the provincial (autonomous region, municipality directly under the Central Government) industrial and commercial administrative department shall submit all case materials to the Trademark Office within fifteen working days from the date of accepting the party's request . If the provincial industrial and commercial administration department where the parties are located believes that the case falls into the above situation, it may also submit it to the Trademark Office.

Cases deemed not to fall into the above circumstances should be handled promptly in accordance with the relevant provisions of the Trademark Law and the Implementing Regulations.

Article 7: The provincial (autonomous region, municipality) administrative department for industry and commerce shall examine the case materials related to the protection of well-known trademarks submitted by the administrative department for industry and commerce of the city (prefecture, state) within its jurisdiction.

For cases considered to fall within the circumstances of Article 6, Paragraph 1 of these Provisions, the case shall be filed within fifteen days from the date of receipt of the case materials submitted by the industrial and commercial administrative department of the city (prefecture, state) within the jurisdiction. Submit it to the Trademark Office within working days.

For cases that are not considered to fall within the circumstances of Article 6, Paragraph 1 of these Regulations, the relevant materials shall be returned to the original agency that received the case, which shall promptly handle the case in accordance with the relevant provisions of the Trademark Law and the Implementing Regulations.

Article 8 The Trademark Office shall make a determination within six months from the date of receipt of relevant case materials, and notify the industrial and commercial administration department of the province (autonomous region, municipality directly under the Central Government) where the case occurs, of the determination result. Send it to the industrial and commercial administration department of the province (autonomous region, municipality directly under the Central Government) where the party is located.

Except for materials proving that the trademark is well-known, the Trademark Office shall return other case materials to the industrial and commercial administration department of the province (autonomous region, municipality directly under the Central Government) where the case occurs.

Article 9 If a trademark has not been recognized as a well-known trademark, within one year from the date of the recognition result, the party concerned shall not make another request for recognition with the same trademark based on the same facts and reasons.

Article 10 When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider all factors stipulated in Article 14 of the Trademark Law, but this does not mean that the trademark must meet all the factors stipulated in this article. as a premise.

Article 11: When protecting well-known trademarks, the Trademark Office, Trademark Review and Adjudication Board and local industrial and commercial administration departments shall consider the distinctiveness and well-known degree of the trademark.

Article 12: When a party requests protection of its trademark in accordance with Article 13 of the Trademark Law, it may provide records showing that the trademark has been protected as a well-known trademark by the relevant competent authorities in my country.

The scope of protection of the cases accepted is basically the same as that of cases that have been protected as well-known trademarks, and the other party has no objection that the trademark is well-known, or although it has objections, it cannot provide evidence that the trademark is not well-known. If evidence materials are provided, the industrial and commercial administrative department that accepts the case may make a ruling or handle the case based on the conclusion of the protection record.

If the scope of protection of a case accepted is different from that of a case that has been protected as a well-known trademark, or the other party has objections to the trademark being well-known and provides evidence that the trademark is not well-known, the trademark attorney shall The Trademark Review and Adjudication Bureau or the Trademark Review and Adjudication Board shall re-examine the well-known trademark materials and make a determination.

Article 13 If a party believes that others have registered its well-known trademark as a business name, which may deceive the public or cause misunderstanding to the public, it may apply to the competent authority for business name registration to cancel the business name registration. The competent authority shall handle the matter in accordance with the "Enterprise Name Registration Management Regulations".

Article 14: The industrial and commercial administrative departments at all levels shall strengthen the protection of well-known trademarks, and shall promptly transfer cases suspected of counterfeiting trademark crimes to the relevant departments.

Article 15: The industrial and commercial administrative department of the province (autonomous region, municipality directly under the Central Government) where the handling authority is located shall send a copy of the decision to protect a well-known trademark to the Trademark Office.

Article 16: Industrial and commercial administrative departments at all levels must establish corresponding supervision mechanisms, formulate corresponding supervision and restriction measures, and strengthen supervision and inspection of the entire process of well-known trademark recognition.

Relevant personnel involved in the recognition of well-known trademarks who abuse their power, practice favoritism, seek illegitimate benefits, and illegally handle matters related to the recognition of well-known trademarks shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 17 These regulations will come into effect on June 1, 2003. The "Interim Provisions on the Recognition and Management of Well-known Trademarks" promulgated by the State Administration for Industry and Commerce on August 14, 1996 were abolished at the same time.