Rules for the Recognition of Well-known Trademarks

Article 2: For the purposes of these Rules, the term “recognition of well-known trademarks” means the recognition of well-known trademarks by the Trademark Office and the Trademark Review and Adjudication Board in accordance with the relevant provisions of the Trademark Law, the Implementing Regulations for the Trademark Law, the Provisions for the Recognition and Protection of Well-known Trademarks, the Rules for the Review and Adjudication of Trademarks and the State Administration for Industry and Commerce, Provisions on the Main Duties, Internal Organs and Staffing of Departments (Offices and Bureaux).

Article 3: The objectives of the recognition of well-known trademarks are intensifying the protection of trademark rights, guiding enterprises in implementing the trademark strategy, using proprietary trademarks, enriching trademark content, attaching importance to trademark intellectual property innovation and protection, enhancing the notoriety of trademarks, assisting the rise of a number of dominant enterprises that own their own intellectual property and famous brands and that are relatively competitive internationally, promoting enterprise and socioeconomic development and spurring the creation of an innovative country.

Article 4: The Trademark Office and the Trademark Review and Adjudication Board shall conduct recognition of well-known trademarks in a strict, accurate and lawful manner, correctly guide public opinion and publicity, promote the healthy development of the system for the recognition and protection of well-known trademarks and support and assist enterprises in reasonably implementing the trademark strategy.

The Trademark Office shall guide local administrations for industry and commerce in strictly maintaining standards in the course of their work associated with applications for the recognition of well-known trademarks so as to ensure that the contents of application materials are true and accurate.

Article 5: The Trademark Office and the Trademark Review and Adjudication Board shall establish a Committee for the Recognition of Well-known Trademarks whose membership shall comprise the directors-general, deputy directors-general, inspectors and deputy inspectors of the Trademark Office and the Trademark Review and Adjudication Board, and the directors-general shall be the presiding members.

Article 6: The handling divisions of the Trademark Office and the Trademark Review and Adjudication Board shall accept, sort and examine application materials for the recognition of well-known trademarks in accordance herewith; the director-general's working meeting of the Trademark Office and the board affairs meeting of the Trademark Review and Adjudication Board shall carry out the review work involved in the recognition of well-known trademarks in accordance herewith; the Committee for the Recognition of Well-known Trademarks shall carry out the re-examination work involved in the recognition of well-known trademarks; and the director's working meeting of the State Administration for Industry and Commerce shall carry out the verification of the well-known trademarks that the Committee for the Recognition of Well-known Trademarks proposes to recognise.

Part Two: Examination and review of applications for the recognition of well-known trademarks

Section One: Factors and evidentiary materials to be considered in the recognition of well-known trademarks

Article 7: When determining whether to recognise a trademark as well-known, the following factors shall be considered in accordance with Article 14 of the Trademark Law, but satisfaction by the trademark of all the factors shall not be a pre-condition of such recognition:

(1) the degree of familiarity with the trademark among the relevant public;

(2) the period of continuous use of the trademark;

(3) the continuous period, degree and geographical scope of any publicity for the trademark;

(4) the record of protection of the trademark as a well-known trademark; and

(5) other factors associated with the trademark's being well-known.

Article 8: When determining whether to recognise a trademark as well-known, the following evidentiary materials proving that
the trademark is well-known shall be examined in accordance with Article 3 of the Provisions for the Recognition and Protection of Well-known Trademarks:

(1) relevant materials proving the degree of familiarity with the trademark among the relevant public;

(2) relevant materials proving the period of continuous use of the trademark, including relevant materials on the history and scope of use and registration of the trademark;

(3) relevant materials proving the continuous period, degree and geographical scope of any publicity for the trademark, including relevant materials on the method and geographical scope of advertising and promotional activities, the types of publicity media used, the volume of advertising, etc.;

(4) relevant materials proving the record of protection of the trademark as a well-known trademark, including relevant materials on previous protection of the trademark as a well-known trademark in China or other countries or regions; and

(5) other evidentiary materials proving that the trademark is well-known, including relevant materials on the output, sales volume, sales revenue, profit and taxes, sales territory, etc. during the most recent three years of the principal goods for which the trademark is used.

Section Two: Examination in the course of the trademark administration procedure

Article 9: The Trademark Office implements a system that separates the acceptance and the handling of case materials for applications for the recognition of well-known trademarks, and evidentiary materials proving that trademarks are well-known, forwarded by provincial-level administrations for industry and commerce in accordance with the Provisions for the Recognition and Protection of Well-known Trademarks, with the general affairs division being responsible for the acceptance of documents and the relevant handling divisions being responsible for the sorting of materials, keeping a register and recording such materials therein.

Where an application for the recognition of a well-known trademark is made in the course of trademark administration and the applicant submits supplementary evidentiary materials, the relevant handling division may include and sort the contents of such supplementary materials with the application materials before the relevant application is submitted to the director-general's working meeting of the Trademark Office.

Article 10: The handling division may seek the opinions of relevant divisions and offices or relevant departments on technical issues such as the distinctiveness of the trademark and the degree to which it is well-known.

If the handling division deems it truly necessary, it may make inquiries to the local administration for industry and commerce concerning relevant matters.

Article 11: The head of the handling division shall preside over and hold a divisional affairs meeting to discuss and frame a preliminary opinion on an application for Recognition of a well-known Trademark made in the course of trademark administration. Not less than two-thirds of all of the division personnel shall be present at such divisional affairs meeting. Minutes shall be kept of such meeting.

Article 12: Following discussion at the divisional affairs meeting, the initial opinion on whether the trademark satisfies the conditions of a well-known trademark shall be formulated and the head of the division shall submit the same to the responsible deputy director-general. The responsible deputy director-general shall submit it to the director-general's working meeting of the Trademark Office for discussion.

Section Three: Examination in the course of the trademark opposition procedure

Article 13: In principle, applications for the recognition of well-known trademarks made in the course of the trademark opposition procedure (including trademark oppositions filed in the course of the international registration procedure) shall, in accordance with the Trademark Law, the Implementing Regulations for the Trademark Law and the Provisions for the Recognition and Protection of Well-known Trademarks, be heard in the sequence of the dates of the trademark opposition applications.

Article 14: The handling person shall sort the supporting documentation for the well-known trademark and, after discussion by the collegiate panel, the same shall be submitted to the divisional affairs meeting for discussion. The head of the handling division shall preside over and hold the divisional affairs meeting. Not less than two-thirds of all of the division personnel shall be present at such divisional affairs meeting. Minutes shall be kept of such meeting.

Article 15: Following discussion at the divisional affairs meeting, the opinion on whether the evidentiary materials are sufficient and whether the opposition case genuinely requires the rendering of a ruling in accordance with Article 13 of the Trademark Law shall be formulated and the head of the division shall submit the same to the responsible deputy director-general. The responsible deputy director-general shall submit the same to the director-general's working meeting of the Trademark Office for discussion.

Section Four: Examination in the course of the trademark opposition re-examination and trademark dispute procedures

Article 16: The Trademark Review and Adjudication Board shall hear applications for the recognition of well-known trademarks made in the course of the trademark opposition re-examination and trademark dispute procedures in accordance with the Trademark Law, the Implementing Regulations for the Trademark Law, the Provisions for the Recognition and Protection of Well-known Trademarks and the Rules for the Review and Adjudication of Trademarks.

Article 17: If a case involves the recognition of a well-known trademark, the Trademark Review and Adjudication Board shall have its case handling division organise a collegiate panel to hear it.

A collegiate panel shall comprise an uneven number of trademark review and adjudication personnel totalling at least three, and the head of the case handling division must serve as a member of the collegiate panel. When a collegiate panel hears a case involving the recognition of a well-known trademark, the principle of the minority deferring to the majority shall apply.

Article 18: If, following the hearing, the collegiate panel deems that the trademark essentially satisfies the conditions of a well-known trademark, the head of the division shall report the same to the responsible deputy director-general. If, after consideration, the responsible deputy director-general deems that the trademark essentially satisfies the conditions of a well-known trademark, he/she shall report the same to the director-general who, following consent of the same, shall submit it to the board affairs meeting of the Trademark Review and Adjudication Board for discussion.

Article 19: If the director-general agrees to submit a case involving the recognition of a well-known trademark to the board affairs meeting for discussion, the case handling person shall submit the relevant materials to the general affairs division in a timely manner. The general affairs division shall photocopy the relevant materials and distribute them to the persons who will attend the board affairs meeting three days before such meeting is held.

Section Five: Review

Article 20: The director-general's working meeting at which the Trademark Office discusses cases involving the recognition of well-known trademarks shall comprise the director-general, deputy directors-general, inspectors and deputy inspectors, with the head of the handling division attending in a non-voting capacity.

Article 21: The board affairs meeting at which the Trademark Review and Adjudication Board discusses cases involving the recognition of well-known trademarks shall comprise the director-general, inspectors, deputy directors-general, deputy inspectors and the heads of each division.

Article 22: The director-general's working meeting of the Trademark Office shall consider and review the opinion submitted by the Trademark Office's responsible deputy director-general and recommend recognition if it deems that the trademark satisfies the conditions of a well-known trademark. If it deems that the trademark does not satisfy the conditions of a well-known trademark, it shall return the case to the handling division for handling in accordance with the relevant procedures. With respect to an application for recognition of a well-known trademark made in the course of the trademark opposition procedure, if the director-general's working meeting of the Trademark Office deems that the evidence is insufficient or that a ruling need not be rendered in the opposition case in accordance with Article 13 of the Trademark Law, the handling division shall handle the case as an ordinary opposition case. With respect to an application for recognition of a well-known trademark made in the course of the trademark administration procedure, if the director-general's working meeting of the Trademark Office deems that the trademark does not satisfy the conditions of a well-known trademark, the handling division shall issue a document returning the application, together with all of the application materials, in accordance with the procedure for handling official documents.

The board affairs meeting of the Trademark Review and Adjudication Board shall consider and review the opinion submitted by the responsible deputy director-general and recommend recognition if it deems that the trademark satisfies the conditions of a well-known trademark. If it deems that the trademark does not satisfy the conditions of a well-known trademark, it shall return the case to the handling division for handling in accordance with the relevant procedures. The attendees at the board affairs meeting of the Trademark Review and Adjudication Board may not number less than two-thirds of the essential members.

Once the director-general's working meeting of the Trademark Office or the board affairs meeting of the Trademark Review and Adjudication Board has prepared its opinion, it shall submit the same to the Committee for the Recognition of Well-known Trademarks for consideration in a timely manner.

Part Three: Re-examination and verification

Article 23: The Committee for the Recognition of Well-known Trademarks shall consider and re-examine the review opinions of well-known trademarks submitted by the Trademark Office or Trademark Review and Adjudication Board in accordance with the Trademark Law, the Implementing Regulations for the Trademark Law, the Provisions for the Recognition and Protection of Well-known Trademarks and the Rules for the Review and Adjudication of Trademarks and, in a timely manner, report well-known trademarks that, following re-examination, it proposes to recognise to the director's working meeting of the State Administration for Industry and Commerce for verification. If, following re-examination, it intends to return a case, it shall return the case to the Trademark Office or Trademark Review and Adjudication Board for handling in accordance with relevant procedures.

When the Committee for the Recognition of Well-known Trademarks holds a re-examination meeting as mentioned above, the attendees may not number less than two-thirds of the essential members.

Article 24: Based on the verification opinion of the State Administration for Industry and Commerce, the Trademark Office or Trademark Review and Adjudication Board shall issue an official reply or render a ruling in accordance with its procedure for handling official documents and, in a timely manner, announce to the public the well-known trademarks that it has recognised.

Article 25: Once the Trademark Office or Trademark Review and Adjudication Board has rendered a trademark opposition ruling, trademark opposition re-examination ruling or trademark dispute ruling, it shall place relevant materials for the recognition of a well-known trademark together with the trademark opposition, trademark opposition re-examination or trademark dispute case materials on file.

Once the Trademark Office has issued an official reply on the recognition of a trademark as well-known in the course of the trademark administration procedure, it shall place the relevant materials on file. Separate files shall be kept for the materials for each case that involves the recognition of a well-known trademark and they shall be retained for three years.

Article 26: All applications for the recognition of well-known trademarks made in the course of the trademark administration procedure that are found not to satisfy the conditions for a well-known trademark during the re-examination or verification procedure shall be returned, and shall be verified by the responsible deputy director of the State Administration for Industry and Commerce. Based on the verification opinion of the senior officials of the State Administration for Industry and Commerce, the Trademark Office shall issue a document returning the application, together with all of the application materials, in accordance with the procedure for handling official documents.

Part Four: Monitoring and legal liability

Article 27: When the director-general's working meeting of the Trademark Office or the board affairs meeting of the Trademark Review and Adjudication Board considers the recognition of a well-known trademark, the discipline inspection team and the inspection bureau posted to the State Administration for Industry and Commerce by the Central Commission for Discipline Inspection and the Ministry of Supervision shall assign personnel to monitor the same.

When the Committee for the Recognition of Well-known Trademarks holds a re-examination meeting, the discipline inspection team and the inspection bureau posted to the State Administration for Industry and Commerce by the Central Commission for Discipline Inspection and the Ministry of Supervision shall assign personnel to monitor the meeting and the China Trademark Association shall assign a representative to attend in a non-voting capacity.

Article 28: The Trademark Office and Trademark Review and Adjudication Board shall treat the work associated with the recognition of well-known trademarks as a probity risk point, establish a sound monitoring inspection system and strengthen administration of risk points.

Article 29: Any work unit or individual may report matters or present opinions to the Trademark Office or Trademark Review and Adjudication Board during an examination for the recognition of a well-known trademark. Visits made in respect of the relevant application for the recognition of a well-known trademark by persons asserting rights in the well-known trademark and persons with a material interest in the well-known trademark, and their agents, shall be entertained by the general affairs division of the Trademark Office or the general affairs division of the Trademark Review and Adjudication Board. The general affairs division of the Trademark Office or the general affairs division of the Trademark Review and Adjudication Board shall communicate the reported matters to the relevant handling division in writing in a timely manner.

Article 30: Personnel engaged in the recognition of well-known trademarks shall strictly abide by work discipline, and may not disclose confidential matters learnt in the course of the recognition of well-known trademarks or matters that, according to relevant requirements, ought not to be disclosed.

Article 31: The recognition of well-known trademarks and persons doing such recognition work shall strictly comply with provisions on probity and self-discipline, and strictly comply with relevant provisions such as the Trademark Law and the Code of Conduct for the Registration, Administration, Review and Adjudication of Trademarks by Administrations for Industry and Commerce.

The liability of relevant parties shall be pursued in accordance with relevant provisions in the event of a violation of the law or breach of discipline.

Part Five: Supplementary provisions

Article 32: The State Administration for Industry and Commerce is in charge of interpreting these Rules.

Article 33: These Rules shall be effective as of the date of issuance.