In order to regulate and improve the recognition and protection of the well-known trademarks, the State Administration Bureau of Industry and Commerce of China (the SAIC) issued “The Regulations of Well-known Mark Recognition by the State Administration of Industry and Commerce” based on “the PRC Trademark Law”, “The Implementing Regulations of the RPC Trademark Law” and relevant laws and regulations recently.

 

“The Regulations of Well-known Mark Recognition” contains 33 articles, whose main contents are as follows:

 

According to Section 1, a Well-known Mark Recognition Board will be established by China Trademark Office (CTMO) and Trademark Review and Adjudication Board (TRAB) respectively.  The members of the Board include the administrator, director, vice administrator, vice director, inspector and inspector of CTMO and TRAB, wherein the administrator and director are the commissioners. 

 

The requirements of factors and evidences prescribed in Chapter 1, Section 2 are respectively correspond to those in Article 14 of “the PRC Trademark Law” and Article 3 of “Rules on Recognition and Protection of Well-know Marks”. 

 

The three feasible approaches of application for recognizing well-known marks are prescribed individually in Chapter 2, Chapter 3 and Chapter 4.

 

Chapter 2:  Applications for well-known mark recognition can be submitted by provincial administrations of industry and commerce according to “Rules on Recognition and Protection of Well-known Marks” due to a local trademark infringement report and the decision needs to apply Article 13 of “the PRC Trademark Law”.

 

Chapter 3: Applications for well-known mark recognition can be requested in trademark opposition procedure (including trademark opposition in international trademark registration procedure) according to “the PRC Trademark Law”, “Implementing Regulations of China Trademark Law” and “Rules on Recognition and Protection of Well-known Marks”.  As a principle, applications of this kind shall be examined according to the filing time of the trademark opposition.

 

Chapter 4: Applications for well-known mark recognition occurred in trademark opposition review and trademark dispute shall be examined by TRAB according to the provisions of “the PRC Trademark Law”, “Implementing Regulations of the PRC Trademark Law”, “Rules on Recognition and Protection of Well-known Marks” and “Rules on Trademark Adjudication”.

 

Section 3 prescribes the Well-known Mark Recognition Board is responsible for recognizing well-known marks.

 

The supervision of well-known mark recognition is conducted by the Central Disciplinary Board and the Disciplinary Division of Supervision Department stationed in the State Administration Bureau of Industry and Commerce, and any entity or individual can reflect their opinions to CTMO and TRAB according to Section 4.

 

In general, we think the standard of factors and evidences for recognizing well-known marks remains consistent with the previous practice of CTMO and TRAB whereas the procedure, examination personnel constitution and supervision are specified in this new legislation.