China Implements New Well-known Trademark Recognition and Protection Provisions from August

August 2, 2014

It was informed from the State Administration for Industry and Commerce (SAIC) that SAIC signed and announced the revised Well-known Trademark Recognition and Protection Provisions in July, which has been formally implemented from August this year. The provisions announced on April 17, 2003 were repealed simultaneously.


On August 30, 2013, the Fourth Session of the Twelfth NPC Standing Committee reviewed and adopted the decision on revising the Trademark Law. The new Trademark Law re-establishes the protection system on well-known trademark, clarifies the concept of well-known trademarks, and further specifies the recognition principles on well-known trademark. Aiming at the problems that should be solved in practice, SAIC revised the original provisions in accordance with requirements of the new Trademark Law.


It is understood that there are 21 articles after the revision: First, it specifies legislative basis, definition of well-known trademarks, recognition subject and recognition principles; Second, from the perspective of the party requesting well-known trademark protection, it clearly states the proposition for identifying protection request and requirements for evidence in different types of cases; it clarifies strengthening of routine focused protection of well-known trademarks and applicability of well-known trademarks protection records, from two aspects of standardizing handling procedures and recognition criteria of well-known trademarks cases.


Compared with the previous provisions, this revision highlights the legal nature required for case handling, facilitates the parties to understand evidence requirements, clarifies responsibilities of the parties and the industry and commerce authorities, and regulates the handling of issues related to well-known trademark cases.