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SAIC Published the Rules for Recognition and Protection of the Well-known Trademarks

DATE:2018-05-17      FROM:


In order to implement the relevant stipulations of the new Trademark Law and to further regulate the procedure, refine the standards and clarify responsibilities, the State Administration for Industry and Commerce (SAIC) has published the newRules for Identification and Protection of the Well-known Trademarks (hereinafter referred to as "the Rules") on 3 July 2014, in which the following amendments/clarifications have been made:

1. The Well-known Trademarks shall be those that the relevant public are very familiar with;

2. The Trademark Office (TMO) and the Trademark Review and Adjudication Board (TRAB) shall recognize and protect well-known trademarks in specific cases only when necessary and based on the parties' request;

3. The recognition of well-known trademarks shall follow the principles of case-by-case recognition and passive protection;

4. The Rules have specified the evidence materials necessary for proof of the well-known trademarks:

1) Evidence to prove the awareness of the relevant public to the trademark;

2) The materials that can prove the successive period of time in use of such trademark, such as the materials showing the use of the marks and the history and jurisdictions of the trademark registration.  For unregistered marks, the materials showing the successive period of time no less than 5 years shall be provided; for registered marks, the materials shall be provided and prove that such marks have been registered for no less than 3 years or have been used for no less than 5 consecutive years;

3) The material showing any publicity of such marks in terms of duration, extent and geographical scope;

4) The materials showing the record of protection of such marks as well-known marks in China or in other countries and regions;

5) Other evidence materials proving the "well-known" status of such marks, including the following statistics of the main goods using such marks in recent 3 years, i.e. the sales revenue, market share, net profit, tax payment, sales area, etc.

5. In the recognition of well-known trademarks, the TMO and the TRAB shall take all factors into consideration, as stipulated in the first paragraph of Article 14 of the Trademark Law and Article 9 of the Rules. But it is not necessary to fulfill all the stipulated factors.

 


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