Provisions On Identification And Protection Of Well-Known Trademarks (1)

According to the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) and the regulations on the implementation of the Trademark Law of the People's Republic of China (hereinafter referred to as the "Implementation Regulations"), these Provisions are formulated.

The second well-known trademarks in this Regulation refer to trademarks that are widely known and enjoyed high reputation in China for the relevant public.

The relevant public includes consumers who are related to certain commodities or services marked by trademarks, other producers who produce the commodities mentioned above or other providers who provide services, as well as sellers and related personnel involved in the distribution channels.

　　第三条　以下材料可以作为证明商标驰名的证据材料：　　（一）证明相关公众对该商标知晓程度的有关材料；　　（二）证明该商标使用持续时间的有关材料，包括该商标使用、注册的历史和范围的有关材料；　　（三）证明该商标的任何宣传工作的持续时间、程度和地理范围的有关材料，包括广告宣传和促销活动的方式、地域范围、宣传媒体的种类以及广告投放量等有关材料；　　（四）证明该商标作为驰名商标受保护记录的有关材料，包括该商标曾在中国或者其他国家和地区作为驰名商标受保护的有关材料；　　（五）证明该商标驰名的其他证据材料，包括使用该商标的主要商品近三年的产量、销售量、销售收入、利税、销售区域等有关材料。

Fourth parties who believe that a trademark that has been preliminarily approved and announced by another party is contrary to the thirteenth provision of the trademark law, may raise objections to the trademark office according to the provisions of the trademark law and its implementing regulations, and submit relevant materials certifying the well-known trademarks.

If a party considers that a trademark registered by another party is contrary to the thirteenth provision of the trademark law, it may request the Trademark Review and Adjudication Board to revoke the registered trademark in accordance with the provisions of the trademark law and its implementing regulations, and submit relevant materials certifying the well-known trademarks.

Article fifth: in trademark management, the party considers that the trademark used by others belongs to the thirteenth provision of the trademark law. If a person requests to protect his well-known trademark, he may make a written request for prohibition of the use of the industrial and commercial administrative department at the city (prefecture or prefecture level) above the place where the case occurred, and submit relevant materials certifying the well-known trademark.

At the same time, it will report to the provincial administrative department for Industry and commerce at its location.

The sixth administrative departments of industry and commerce, after receiving the application for protection of well-known trademarks in trademark management, should examine whether the cases belong to the following conditions stipulated in the thirteenth article of the Trademark Law: (1) if others use the same or similar trademarks on the same or similar commodities without permission, the same or similar trademarks will be easily confused; others, if the others are using the same or similar trademarks as the well-known trademarks registered by the parties in the same or similar commodities, it is easy for the others to mislead the public, so that the interests of the registered trademarks of the well-known trademarks may be damaged. (two)