I don’t know if it is a well-known trademark.

Provisions on the recognition and protection of well-known trademarks

(State Administration for Industry and Commerce Order No. 66 on July 3, 2014)

Article 1

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In order to standardize the identification of well-known trademarks and protect the legitimate rights and interests of well-known trademark holders, in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law), the Trademark Law of the People's Republic of China The Regulations for the Implementation of the Law (hereinafter referred to as the Implementation Regulations) are formulated to 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 shall be responsible for the review of trademark registration, the handling of trademark disputes, and the investigation and handling of trademarks by the industrial and commercial administration departments based on the requests of the parties and the needs of reviewing and handling cases. Identify and protect well-known trademarks during illegal cases.

Article 4 The identification of well-known trademarks shall follow the principles of case-by-case identification 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 protection of a well-known trademark in accordance with Article 13 of the Trademark Law, he may file an objection with the Trademark Office. The Trademark Office submits a written request for well-known trademark protection and submits evidence proving that the trademark constitutes a well-known trademark.

Article 6

In cases of review of trademark disapproval or request for invalidation, if the parties request protection of well-known trademarks in accordance with Article 13 of the Trademark Law, they may apply to the Trademark Review and Adjudication Office The Committee makes a written request for well-known trademark protection and submits evidence proving that the trademark constitutes a well-known trademark.

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 can 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 well-known trademark protection in accordance with Articles 5 and 6 of these Provisions, the Trademark Office and the Trademark Review and Adjudication Board shall file a request for protection in accordance with Article 35 of the Trademark Law. The case shall be dealt with in a timely manner within the time limit specified in Articles, Articles 37 and 45.

Article 11

If a party requests the industrial and commercial administrative 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 follow the " The relevant provisions of the Provisions on Administrative Punishment Procedures of Industrial and Commercial Administration Agencies determine whether to 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 case meets the requirements after preliminary verification, 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 identify relevant well-known trademarks submitted by the administrative department for industry and commerce at the city (prefecture, state) level within its jurisdiction. Whether the materials comply with Articles 13 and 14 of the Trademark Law, Article 3 of the Implementing Regulations and Article 9 of these Regulations shall be verified and reviewed. 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 thirty days from the date of receipt of the relevant materials for well-known trademark recognition. 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 matter in accordance with the provisions of the "Administrative Punishment Procedures of Industrial and Commercial Administration Agencies".

Article 13 When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the factors listed in Paragraph 1 of Article 14 of the Trademark Law and Article 9 of these Regulations, but shall not All factors must be met.

If the Trademark Office and the Trademark Review and Adjudication Board need the local industrial and commercial administrative departments to verify relevant circumstances when identifying well-known trademarks, the relevant local industrial and commercial administrative departments shall provide assistance.

Article 14

If the Trademark Office examines the materials related to the identification of well-known trademarks submitted by the industrial and commercial administrative departments of the provinces (autonomous regions, municipalities directly under the Central Government) and determines that they constitute a well-known trademark, it shall Issue a reply to the industrial and commercial administration department of the province (autonomous region, municipality directly under the Central Government) that submitted the request for instructions.

The industrial and commercial administrative department that files the case shall handle it in accordance with the law within 60 days after the Trademark Office issues the determination and approval, and submit a copy of the administrative penalty decision to the industrial and commercial administrative department of the province (autonomous region, municipality directly under the Central Government) where the case is located. The industrial and commercial administration department of the province (autonomous region, municipality directly under the Central Government) shall submit the case handling status and a copy of the administrative penalty decision to the Trademark Office within thirty days from the date of receipt of the copied administrative penalty decision.

Article 15

In the course of trademark registration and management, industrial and commercial administrative departments at all levels shall strengthen the protection of well-known trademarks and safeguard the legitimate rights and interests of obligees and consumers. If a trademark violation is suspected of being a crime, the case shall be transferred to the judicial authority in a timely manner.

Article 16

During the review of trademark registration, settlement of trademark disputes, and investigation and handling of trademark violation cases by the industrial and commercial administrative departments, the parties concerned request the protection of well-known trademarks in accordance with Article 13 of the Trademark Law At this time, records showing that the trademark was once protected as a well-known trademark in my country can be provided.

The scope of the party's request for well-known trademark protection is basically the same as the scope that has been protected as a well-known trademark, and the other party has no objection to the well-known trademark, or although there is an objection, the reason for the objection and the evidence provided are obvious If the objection is not sufficient to support the objection, the Trademark Office, the Trademark Review and Adjudication Board, and the trademark violation case filing department may grant the trademark well-known trademark protection based on the protection record and relevant evidence.

Article 17

In a trademark violation case, if the party concerned obtains the protection of a well-known trademark through improper means such as fraud or providing false evidence materials, the Trademark Office shall revoke the protection of the trademark involved in the case. The identification shall be made, and the industrial and commercial administration department of the province (autonomous region, municipality directly under the Central Government) that submitted the request for well-known trademark identification shall be notified.

Article 18

The local industrial and commercial administrative department violates the provisions of Articles 11 and 12 of these Regulations and fails to perform its duties of verifying and reviewing materials related to the recognition of well-known trademarks. Or violate the provisions of Paragraph 2 of Article 13 of these Regulations by failing to provide assistance or fail to perform verification duties, or violate the provisions of Paragraph 2 of Article 14 of these Regulations by failing to handle trademark violation cases within the time limit or failing to report the handling status within the time limit. The industrial and commercial administration department at the next higher level shall notify it and order it to make rectifications.

Article 19: Industrial and commercial administrative departments at all levels shall establish and improve a supervision and inspection system for the recognition of well-known trademarks.

Article 20

Personnel involved in the work related to the recognition and protection of well-known trademarks, neglect their duties, abuse their power, practice favoritism, illegally handle matters related to the recognition of well-known trademarks, and accept property from parties, Anyone who seeks illegitimate benefits will be dealt with in accordance with relevant regulations.

Article 21 These regulations shall come into effect 30 days from the date of promulgation. The "Regulations on the Recognition and Protection of Well-known Trademarks" promulgated by the State Administration for Industry and Commerce on April 17, 2003 were abolished at the same time.