Detailed Rules on the Recognition of Well-known Trademarks

Chapter I General Provisions

Article 1 For the purposes of boosting the implementation of trademark strategies, regulating the recognition of well-known trademarks, promoting a more systematic, standardized, proceduralized and legally robust process for the recognition of well-known trademarks, protecting trademark holders' legitimate rights and interests, improving intellectual property protection, creating an innovative environment and promoting the rapid and beneficial development of the economy and society, these Detailed Rules on the Recognition of Well-known Trademarks (the "Detailed Rules") have been formulated in accordance with the Trademark Law of the People's Republic of China, the Trademark Law Implementing Regulations of the People's Republic of China, the Provisions on the Recognition and Protection of Well-known Trademarks, and the Provisions of the State Administration of Industry and Commerce on Main Functions, Internal Decision-making Bodies and Staff Arrangements.

Article 2 For the purpose of these Detailed Rules, "recognition of well-known trademarks" shall refer to the recognition of trademarks by the Trademark Office and the Trademark Review and Adjudication Board in accordance with the relevant provisions of the Trademark Law, the Trademark Law Implementing Regulations, the Provisions on the Recognition and Protection of Well-known Trademarks, the Rules on Trademark Reviews, and the Provisions of the State Administration of Industry and Commerce on the Main Functions, Internal Decision-making Bodies and Staff Arrangements for Each Department (Office, Bureau, Section).

Article 3 The aim of trademark recognition is to strengthen the protection of trademark rights, guide enterprises to implement trademark strategies, use their own trademarks, enrich the connotations of trademarks, emphasize trademark innovation and protection, enhance the awareness of trademarks, establish a group of dominant enterprises with their own intellectual property, well-known brands and a high degree of international competitiveness, boost the development of enterprises, the economy and society, and promote the establishment of an innovative nation.

Article 4 The Trademark Office and the Trademark Review and Adjudication Board shall recognize trademarks strictly and accurately according to law, guide public opinion and publicity as appropriate, promote the healthy development of the well-known trademark recognition and protection system, and support and assist enterprises in implementing their trademark strategies in a reasonable manner.
The Trademark Office shall be responsible for leading all local administrative authorities of industry and commerce in checking applications for trademark recognition strictly in order to ensure their authenticity and accuracy.

Article 5 The Trademark Office and the Trademark Review and Adjudication Board shall set up a Well-known Trademark Recognition Committee whose members shall include directors, deputy directors, monitors and deputy monitors of the Trademark Office and the Trademark Review and Adjudication Board. A director shall be the chairperson of the committee.

Article 6 The Trademark Office and the case handling division of the Trademark Review and Adjudication Board shall be responsible for accepting, managing and examining application materials for well-known trademark recognition according to these Detailed Rules; the executive directors meeting of the Trademark Office and the executive meeting of the Trademark Review and Adjudication Board shall be responsible for the approval of well-known trademark recognition applications according to these Detailed Rules; the Well-known Trademark Recognition Committee shall be responsible for the review of well-known trademark recognition applications according to these Detailed Rules; the executive directors meeting of the State Administration of Industry and Commerce shall be responsible for the verification of well-known trademarks the Well-known Trademark Recognition Committee proposes for recognition.
 
Chapter II Examination and Approval of Well-known Trademark Recognition Applications
 
Section 1 Factors to Be Considered in and Evidential Materials for the Recognition of Well-known Trademarks
 
Article 7 In accordance with the provisions of Article 14 of the Trademark Law, the following factors shall be taken in consideration in assessing an application for well-known trademark recognition, not all of which must be satisfied by the trademark in question:
(1) The extent to which the relevant section of the public is aware of the trademark;
(2) The period for which it has been used;
(3) The period for which, extent of, and geographical scope of the promotional activities carried out for the trademark in question;
(4) Records showing that it has been protected as a well-known trademark; or
(5) Any other factor indicating it is a well-known trademark.

Article 8 In accordance with the provisions of Article 3 of the Provisions on the Recognition and Protection of Well-known Trademarks, the following evidential materials proving that a trademark is well-known shall be examined in considering the recognition of a well-known trademark:
(1) Materials proving the extent to which the relevant section of the public is aware of the trademark;
(2) Materials proving the period for which it has been used, including materials proving its use, history, and scope of registration;
(3) Materials proving the period for which, extent of, and geographical scope of the promotional activities carried out for the trademark in question, including materials on the means by which and geographical scope of advertising, publicity and promotional activities carried out, along with the types of media and advertisement expenditure, etc.;
(4) Materials proving that it has been protected as a well-known trademark, including materials proving that it has been protected as a well-known trademark in China or in other countries or regions; and
(5) Other evidential materials proving it is a well-known trademark, including materials on the production volume, sales volume, sales income, profits and taxes, sales regions, etc., of the major products that have used the trademark in the past three years.

Section 2 Examination in the Course of Trademark Administration

Article 9 The Trademark Office shall receive and deal separately with all application materials for well-known trademark recognition and evidential materials proving the trademark is well-known submitted by the administrative authorities of industry and commerce at the provincial level according to the Provisions on the Recognition and Protection of Well-known Trademarks. The general office of the Trademark Office shall be responsible for receiving such materials and the competent handling division shall be responsible for managing such materials and registering the same.
Where the applicant in an application for well-known trademark recognition filed in the course of trademark administration provides supplementary evidential materials, the competent office may, before the application is submitted to the executive directors meeting of the Trademark Office, include the supplementary materials in the application materials.

Article 10 The handling division may seek opinions from relevant offices, sections, or departments in respect of technical questions such as prominence of a trademark and the extent to which it is well-known.
Where the handling division deems it necessary, it may seek relevant information from the local administrative authority of industry and commerce.
    
Article 11 The division chief of the handling division shall call and preside over an office affairs meeting to discuss any well-known trade mark recognition application filed in the course of trademark administration and put forward initial opinions. The office affairs meeting shall be attended by no less than two thirds of the total number of handling division personnel and minutes shall be taken.

Article 12 Following discussion at the office affairs meeting, initial opinions shall be put forward on whether the application meets the requirements for well-known trademarks and the same reported by the division chief to the deputy director in charge of the handling division, who shall further submit the same to the executive directors meeting of the Trademark Office for discussion.
 
Section 3 Examination in the Course of Trademark Objections

Article 13 Well-known trademark recognition applications filed in the course of trademark objections (including trademark objections made in the international registration procedure) shall generally be considered according to the time sequence of trademark objection applications in accordance with the provisions of the Trademark Law, the Trademark Law Implementing Regulations, and the Provisions on the Recognition and Protection of Well-known Trademarks.

Article 14 Handling division personal shall manage evidential materials for well-known trademarks which, after being discussed by the collegiate group, shall be submitted to the office affairs meeting for discussion. The division chief shall call and preside over the office affairs meeting. The office affairs meeting shall be attended by no less than two thirds of the total number of handling division personnel and minutes shall be taken.

Article 15 Following discussion at the office affairs meeting, opinions shall be expressed on whether the evidential materials are adequate and the trademark objection case therefore needs to be considered on the basis of Article 13 of the Trademark Law, or alternatively, that the evidential materials are inadequate and the trademark objection case therefore does not need to be considered on the basis of Article 13 of the Trademark Law, and reported by the division chief to the deputy director thereof, who shall submit the same to the executive directors meeting of the Trademark Office for discussion.
 
Section 4 Examination in the Course of Trademark Objection Reviews and Trademark Dispute Resolution Procedures

Article 16 Well-known trademark recognition applications filed in the course of trademark objection reviews or trademark dispute resolution procedures shall be determined by the Trademark Review and Adjudication Board in accordance with the provisions of the Trademark Law, the Trademark Law Implementing Regulations, the Provisions on the Recognition and Protection of Well-known Trademarks, and the Rules on Trademark Reviews and Adjudication.

Article 17 The handling division of the Trademark Review and Adjudication Board shall form a collegiate group to determine cases involving well-known trademark recognition.
The collegiate group shall comprise an odd number of Trademark Review and Adjudication Board members, with a minimum of three, one of whom shall be the division chief of the case handling division. When determining cases involving well-known trademark recognition, the collegiate group shall follow the principle of majority rule.

Article 18 Where the collegiate group considers that a case meets the basic requirements for well-known trademarks, the division chief shall notify the deputy director of the division. Where, following deliberation, the deputy director considers the case meets the basic requirements for well-known trademarks, subject to the director's consent, it shall be submitted to the board executive meeting of the Trademark Review and Adjudication Board for discussion.

Article 19 Where the director consents to the submission of a case involving well-known trademark recognition to the board executive meeting for discussion, the personnel handling the case shall submit relevant case materials to the general office without delay. The general office shall make copies of the relevant materials and deliver the same to the personnel attending the board executive meeting three days in advance.
 
Section 5 Approval

Article 20 The executive directors meeting of the Trademark Office responsible for discussing a well-known trademark recognition case shall be composed of the director, the deputy director, the monitor, and the deputy monitor, and shall be attended by the division chief of the case handling division.

Article 21 The executive meeting of the Trademark Review and Adjudication Board responsible for discussing a well-known trademark recognition case shall be composed of the director, the deputy director, the monitor, the deputy monitor, and all division chiefs.

Article 22 The executive directors' meeting of the Trademark Office shall consider and approve or decline to follow the opinion submitted by the deputy director responsible. Where it considers the trademark meets the requirements for well-known trademarks, it shall propose that the same be recognized; where it considers the trademark does not meet such requirements, it shall return the opinion to the case handling division to be handled according to relevant procedures. For a well-known trademark recognition application filed in the course of trademark objections, where the executive directors meeting of the Trademark Office considers there is insufficient evidence or there is no need to make a decision on the case to which the objection relates according to Article 13 of the Trademark Law, the case handling division shall treat it as an ordinary trademark objection case. For a well-known trademark recognition application filed in the course of trademark administration, where the executive directors meeting of the Trademark Office considers it does not satisfy the requirements for well-known trademarks, the case handling division shall return the application, together with the application materials, according to official document handling procedures.
The executive meeting of the Trademark Review and Adjudication Board shall study and approve or decline to follow the opinion submitted by the deputy director responsible. Where it considers the trademark meets the requirements for well-known trademarks, it shall propose that the same be recognized; where it considers the trademark does not meet such requirements, it shall return the opinion to the case handling division to be handled according to relevant procedures. No less than two thirds of the members of the executive meeting of the Trademark Review and Adjudication Board shall participate in each of its meetings.
After a consensus has been reached by the executive directors meeting of the Trademark Office or the executive meeting of the Trademark Review and Adjudication Board, it shall be reported to the Well-known Trademark Recognition Committee without delay for consideration.

Chapter III Review and Verification

Article 23 The Well-known Trademark Recognition Committee shall consider and review any well-known trademark approval opinion submitted by the Trademark Office and the Trademark Review and Adjudication Board in accordance with the provisions of the Trademark Law, the Trademark Law Implementing Regulations, the Provisions on Well-known Trademark Recognition and Protection, and the Trademark Review Rules, and following its review, shall make a well-known trademark recognition proposal to the executive directors' meeting of the General Trademark Office for verification. Where it is proposed that the opinion be returned, it shall be returned to the Trademark Office or the Trademark Review and Adjudication Board to be handled according to relevant procedures.
No less than two thirds of the members of the Well-known Trademark Recognition Committee shall attend any review meeting called.

Article 24 The Trademark Office and the Trademark Review and Adjudication Board shall, based on the verification opinion of the General Trademark Office, issue an official reply or ruling according to the respective procedures for the handling of official documents, and publicize the recognition of the well-known trademark in a timely manner.

Article 25 After the Trademark Office and the Trademark Review and Adjudication Board have issued a ruling on a trademark objection, trademark objection review or trademark dispute, they shall keep records of the well-known trademark recognition materials together with the trademark objection, trademark objection review and trademark dispute materials.
After the Trademark Office has issued an official reply in respect of well-known trademark recognition in the course of trademark administration, it shall keep records of the relevant materials. Materials for individual well-known trademark recognition cases shall be filed separately and held for three years.

Article 26 Any well-known trademark recognition application filed in the course of trademark administration that is determined not to have met the well-known trademark requirements via the review and verification procedure shall be returned for verification by the General Trademark Office deputy director responsible. The Trademark Office shall, based on the verification opinion of the General Trademark Office leaders, return the application and application materials according to official document handling procedures.
 
Chapter IV Supervision and Legal Liabilities

Article 27 When the executive directors meeting of the Trademark Office or the executive meeting of the Trademark Review and Adjudication Board consider a well-known trademark recognition case, the Central Commission of the Communist Party of China, the discipline inspection team and the supervision bureau of the Supervision Department of the State Administration of Industry and Commerce shall allocate personnel to supervise proceedings.
When the Well-known Trademark Recognition Committee calls a review meeting, the Central Commission of the Communist Party of China, the discipline inspection team and the supervision bureau of the Supervision Department of the State Administration of Industry and Commerce shall allocate personnel to supervise the meeting, and the China Trademark Association shall allocate personnel to attend the same.

Article 28 The Trademark Office and the Trademark Review and Adjudication Board shall treat the recognition of well-known trademarks as a crucial aspect of honest government, and shall establish and improve a supervisory system to strengthen its administration.

Article 29 In the course of a well-known trademark recognition case, any entity or individual may make submissions and express its opinion to the Trademark Office and the Trademark Review and Adjudication Board. When the party claiming a well-known trademark, other interested parties or their agents attend for the purpose of well-known trademark recognition, they shall be welcomed by the general office of the Trademark Office or the Trademark Review and Adjudication Board. The general office of the Trademark Office or the Trademark Review and Adjudication Board shall notify the relevant case handling office of any information submitted in a timely manner.
 
Article 30 Personnel engaged in well-known trademark recognition work shall strictly abide by work disciplinary requirements and shall not disclose any confidential information acquired in the course of well-known trademark recognition work or other information to be kept confidential according to relevant requirements.

Article 31 Well-known trademark recognition work and the personnel engaged in such work shall strictly comply with relevant anti-corruption and self-disciplinary provisions and strictly abide by relevant provisions of the Trademark Law and the Work Instructions of the Administrative Authority of Industry and Commerce on Trademark Registration, Administration and Review.
Any individual who violates any law or rule shall be held liable according to relevant provisions.

Chapter V Supplementary Provisions

Article 32 The State Administration of Industry and Commerce shall be responsible for interpreting these Detailed Rules.

Article 33 These Detailed Rules shall come into effect on the date of promulgation.