Well-known trademarks are marks generally acknowledged to be marks which have a high degree of recognition and reputation in the areas of trade of the proprietors of such marks, and in many cases beyond the areas of trade of the proprietors of such trademarks. It is a critical business asset which can be used and traded just like any other assets. As such, these critical business assets deserve the fullest and widest possible protection in order that mark owners may fully exploit the value of such well-known trademarks.
I. Qualifications for the Applicant and Trademark
(1) The applicant should have Chinese Nationality;
(2) The trademark should have been approved for registration by the Trademark Bureau.
II. Documents Required for Application of the Well-known Trademark
(1) Photocopy of the Business License;
(2) Photocopy of Trademark Registration Certification;
(3) Annual sales and sale areas in China of the commodities using the trademark;
(4) Main economic indexes (including annual outputs, sale volume, profits, market share, etc) of the commodities using the trademark and its ranking in its own industry in China;
(5) The sale ares in foreign countries or regions where the commodities using the trademark is mostly sold;
(6) The advertising and promotional conditions of the trademark;
(7) The time when the trademark was firstly used and the period during which the trademark has been in use;
(8) The information of registration of the trademark at home and abroad;
(9) Other documentation.
III. Procedures for the Application
(1) The enterprise (by commissioning others or by itself) reports to the administration of commerce and industry at the provincial level;
(2) The administration of commerce and industry at the provincial level reports review results to the Trademark Bureau under the State Administration of Commerce and Industry;
(3) The Trademark Bureau determines whether the trademark constitutes the well-known trademark.
IV. Framework of Legal Protection for Well-known Trademarks
Since December 1, 2001 when Chinese Trademark Law first confirmed the existence of well-known trademark protection, China has promulgated domestic legislation on well-known trademarks. Subsequently, there are Regulations on the Implementation of the Trademark Law, Provisions for the Establishment and Protection of Well-Known Trademarks, and several judicial interpretations issued by the Supreme Court providing further protection for well-known trademarks.
Before domestic legislation came into effect, trademarks were confirmed to be well known according to the international framework of the Paris Convention and the TRIPS Agreement.
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