The Provisions on the Recognition and Protection of Well-known Trademarks entered into force on 3 Aug. 2014.
There are 21 articles in total, which aim to clarify the recognition of well-known trademarks and protect the legitimate rights and interests of well-known trademark holders.
The key points are as follows:
Well-known trademarks are those well known to the relevant public in China.
The Trademark Bureau and the Trademark Review and Adjudication Board shall be responsible for the recognition and protection of well-known trademarks during the trademark registration examination, the trademark dispute settlement and the investigation of trademark cases by the administrative department for industry and commerce.
Where a trademark applied for registration for the same or similar product is a reproduction, imitation or translation of a well-known trademark not registered in China by others, which is likely to cause confusion among the public, the Trademark Bureau shall not register the trademark but prohibit the use thereof.
Where a trademark applied for registration for different or dissimilar product is a reproduction, imitation or translation of a well-known trademark already registered in China by others, which will cause confusion among the public and possible damage to the interests of the well-known trademark registrant, the Trademark Bureau shall not register the trademark but prohibit the use thereof.