Provisions on the Determination and Protection of Well-Known Trademarks (2014 Revision)

Provisions on the Determination and Protection of Well-Known Trademarks (2014 Revision) Order of the State Administration for Industry and Commerce (No. 66) The Provisions on the Determination and Protection of Well-Known Trademarks, as deliberated and adopted at the executive meeting of the State Administration for Industry and Commerce (“SAIC”), are hereby issued and shall come into force 30 days after its issuance. Director: Zhang Mao July 3, 2014 Provisions on the Determination and Protection of Well-Known Trademarks (Issued by Order No. 5 of the SAIC on April 17, 2003 and revised by Order No. 66 of the SAIC on July 3, 2014) Article 1 To regulate the determination of well-known trademarks, and protect the lawful rights and interests of well-known trademark holders, these Provisions are developed in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the “ Trademark Law ”) and the Regulation on the Implementation of the Trademark Law of the People's Republic of China (hereinafter referred to as the “ Implementation Regulation ”). Article 2 “Well-known trademarks” means the trademarks widely known by the relevant public in China. “Relevant public” include the consumers related to certain kind of commodities or services indicated by a trademark, manufacturers of the aforesaid commodities or other operators providing relevant services, and the sellers and relevant people involved in marketing channels. Article 3 The trademark office and the trademark review committee shall, based on the parties' requests and requirements for examining and handling cases, be responsible for determining and protecting well-known trademarks in the course of trademark registration examination, handling of trademark disputes, and the investigation and handling of cases on trademark-related violations of law by the administrative departments for industry and commerce. Article 4 Well-known trademarks shall be determined under the principles of determination of individual cases and passive protection. Article 5 Where a party raises an objection to the trademark office in accordance with Article 33 of the Trademark Law and requests the protection of a well-known trademark in accordance with Article 13 of the Trademark Law , it may file a written request for the protection of a well-known trademark with the trademark office and submit evidentiary materials proving that its trademark constitutes a well-known trademark. Article 6 Where a party requests the protection of a well-known trademark in accordance with Article 13 of the Trademark Law in a case on the review of disapproval of trademark registration or a case on the request for the declaration of invalidation, it may file a written request for the protection of the well-known trademark with the trademark review committee and submit evidentiary materials proving that its trademark constitutes a well-known trademark. Article 7 A case on a trademark-related violation of law involving the protection of a well-known trademark shall be under the jurisdiction of the administrative department for industry and commerce at or above the city (prefecture or autonomous prefecture) level. Where a party requests the investigation and handling of a trademark-related violation of law by the administrative department for industry and commerce and requests the protection of a well-known trademark in accordance with Article 13 of the Trademark Law , it may lodge a complaint with the administrative department for industry and commerce at or above the city (prefecture or autonomous prefecture) level at the place where the violation of law occurs, file a written request for the protection of a well-known trademark, and submit evidentiary materials proving that its trademark constitutes a well-known trademark. Article 8 A party that requests the protection of a well-known trademark shall follow the principle of good faith, and be responsible for the authenticity of the facts and the submitted evidentiary materials. Article 9 The following materials may be taken as evidentiary materials proving the compliance with paragraph 1, Article 14 of the Trademark Law . (1) Materials proving the extent of knowledge of the trademark by the relevant public. (2) Materials proving the duration of use of the trademark, such as the materials involving the history and scop......