State Administration for Industry and Commerce, Provisions for the Recognition and Protection of Well-known Trademarks (Draft for Comments on Amendments)

Issued: April 14 2014

Main contents: The Draft states that a well-known trademark is a trademark that is well known among the relevant public in China. Before the amendments, a well-known trademark was defined as a “trademark that is widely known by, and has a relatively good reputation among, the relevant public in China”. In the case of well-known trademark recognition, if the trademark has not been registered, documentation showing that it has been continuously used for not less than five years needs to be provided. If the trademark is registered, documentation showing that it has been registered for not less than three years or that it has been continuously used for not less than five years needs to be provided. Proof in the form of publicity work documentation includes documentation on the advertising and publicity method, territorial coverage, type of publicity media and the quantity of advertising during the most recent three years.