Article 1 In order to effectively protect the legitimate rights and interests of well-known trademark registrants, maintain social and economic order, and promote economic development, in accordance with the Trademark Law of the People's Republic of China and the Trademark Law of the People's Republic of China, The Implementing Rules of the Trademark Law of the People’s Republic of China (hereinafter referred to as the “Trademark Law” and the “Detailed Implementing Rules of the Trademark Law”) formulate these regulations. Article 2 Well-known trademarks in these regulations refer to registered trademarks that enjoy a high reputation in the market and are well-known to the relevant public. Article 3 The Trademark Office of the State Administration for Industry and Commerce is responsible for the identification and management of well-known trademarks.
No organization or individual may identify or use other disguised methods to identify well-known trademarks. Article 4 If a trademark registrant requests protection of its rights and interests in a well-known trademark, it shall submit an application for recognition of a well-known trademark to the Trademark Office of the State Administration for Industry and Commerce.
The Trademark Office of the State Administration for Industry and Commerce can identify well-known trademarks based on the needs of trademark registration and management.
If a well-known trademark recognized by the Trademark Office of the State Administration for Industry and Commerce has been recognized for less than 3 years, there is no need to re-apply for recognition. Article 5 To apply for recognition of a well-known trademark, the following supporting documents shall be submitted:
(1) Sales volume and sales area of ??the goods using the trademark in China;
(2) Use The main economic indicators (annual output, sales, profits, market share, etc.) of the trademark’s products in the past three years and their ranking in the same industry in China;
(3) Products using the trademark Sales volume and sales area in foreign countries (regions);
(4) Advertising status of the trademark;
(5) The earliest time of use and continuous use of the trademark;< /p>
(6) The registration status of the trademark in China and its foreign countries (regions);
(7) Other documents proving that the trademark is well-known. Article 6 The determination of well-known trademarks shall follow the principles of openness and fairness. The opinions of relevant departments and experts should be consulted when making determinations. Article 7 The Trademark Office of the State Administration for Industry and Commerce shall notify the relevant departments and applicants of the determination results and make an announcement. Article 8 Applying for registration of a trademark that is identical or similar to another person's well-known trademark on non-similar goods, which may damage the rights and interests of the well-known trademark registrant, thus causing the adverse effects mentioned in Article 8 (9) of the Trademark Law , the Trademark Office of the State Administration for Industry and Commerce will reject its registration application; if the applicant is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for review; if it has been registered, within 5 years from the date of registration, the well-known trademark registrant may request The Trademark Review and Adjudication Board of the State Administration for Industry and Commerce will revoke it, but there is no time limit for malicious registrations. Article 9 If a trademark that is identical or similar to another's well-known trademark is used on non-similar goods, and it will imply that the goods have some connection with the well-known trademark registrant, which may damage the rights and interests of the well-known trademark registrant, the well-known trademark holder shall The trademark registrant may request the industrial and commercial administrative authorities to stop it within two years from the date it knows or should have known it. Article 10 From the date of recognition of a well-known trademark, if others use words that are identical or similar to the well-known trademark as part of the company name, and may cause misunderstanding by the public, the industrial and commercial administrative authorities will not approve the registration; if it has been registered, it will be well-known. The trademark registrant may request the industrial and commercial administration authority to cancel the trademark within two years from the date he knew or should have known it. Article 11: When determining whether the conduct described in Articles 8, 9, and 10 of these Provisions may cause damage to the rights and interests of the registrant of a well-known trademark, the originality and degree of well-knownness of the trademark shall be considered. Article 12 If a trademark is falsely claimed to be a well-known trademark and deceives the public without being recognized by the Trademark Office of the State Administration for Industry and Commerce, the industrial and commercial administration authority at the place of conduct shall, depending on the circumstances, give a warning and impose a fine of not more than three times the illegal income, but The maximum amount shall not exceed 30,000 yuan, and if there is no illegal income, a fine of not more than 10,000 yuan shall be imposed. Article 13 Anyone who violates the provisions of Article 9 of these Provisions shall be dealt with by the industrial and commercial administration authority at the place of conduct in accordance with the provisions of Article 43 of the "Trademark Law Implementing Rules". Article 14 The provisions on commodity trademarks in these regulations shall apply to service trademarks. Article 15 These regulations shall come into effect from the date of promulgation.