State Administration for Industry and Commerce, Recognition and Protection of Well-known Trademarks Provisions

Promulgated: April 17 2003
Effective: June 1 2003
Applicability: "Well-known trademarks" shall refer to registered trademarks that are widely known to the relevant public and enjoy a relatively high reputation in China (Article 2).
The "relevant public" means consumers related to the type of product or service branded with the trademark, business operators that produce the afore-mentioned product or provide the afore-mentioned service as well as sales persons and relevant persons involved in the distribution channel (Article 2).

Main contents: As compared to the Recognition and Administration of Well-known Trademarks Tentative Provisions (Revised) of 1996, these Provisions provide more details on how to prove a trademark is well-known. For instance, the definition of "relevant public" is given, proof of any publicity work done for the trademark is required instead of just advertisement, and record of protection of the trademark is required instead of just the registration (Articles 2 and 3). The Provisions also provide for more detailed procedures, in conjunction with relevant provisions of the Trademark Law, on how a case requesting protection of a well-known trademark shall be dealt with. The Provisions stipulate that a party cannot request for recognition of the same trademark based on the same facts and reasons within a year from the date of the decision refusing to recognize its trademark as well-known (Article 8).
Related legislation: PRC Trademark Law (2nd Revision), Oct 27 2001, CLP 2001 No.10 p75; PRC Trademark Law Implementing Regulations, Aug 3 2002, CLP 2002 No.8 p85
Repealed legislation: Recognition and Administration of Well-known Trademarks Tentative Provisions (Revised), Aug 14 1996, CLP 1996 No.8 p6 and Administration of the Registration of Enterprise Names Provisions, Jul 22 1991, CLP 1991 No.8 p23