Supreme People’s Court, Provisions on Several Issues Concerning the Trial of Administrative Cases Involving the Granting and Confirmation of Trademarks (Draft for Comments)

最高人民法院关于审理商标授权确权行政案件若干问题的规定 (征求意见稿)

SPC addresses issues over protection of well-known trademarks / Issued: 2026-09-11

By Susan Mok

Issued: September 11, 2026





Main contents: Where a party asserts, pursuant to the second paragraph of Article 21 of the Trademark Law, that the disputed trademark constitutes a reproduction, imitation or translation of its well-known trademark and therefore should be denied registration or be invalidated, the people’s court shall comprehensively consider the factors set forth below to determine whether use of the disputed trademark is sufficient to cause the relevant public to mistakenly believe that it is substantially associated with the well-known trademark, thereby diminishing the distinctiveness thereof, tarnishing the market reputation thereof or unfairly exploiting the market reputation thereof, thus misleading the public and potentially harming the interests of the holder of the well-known trademark:

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