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1、Decree of the State Administration for Industry and Commerce of the Peoples Republic of ChinaNo.5The Provisions for Identification and Protection of Well-Known Trademarks, adopted at executive meeting of the State Administration for Industry and Commerce, is hereby promulgated, and shall enter into
2、force as of June 1, 2003. General Director of the State Administration for Industry and Commerce: Wang ZhongfuApril 17, 2003Article 1 The present Provisions are formulated in accordance with the Trademark Law of the Peoples Republic of China (hereinafter referred to as the Trademark Law) and the Rul
3、es on Implementing the Trademark Law of the Peoples Republic of China (hereinafter referred to as the Implementing Rules).Article 2 The well-known trademark herein refers to a trademark widely known by the relevant public and highly reputable in China.The relevant public includes the consumers relat
4、ed to certain kind of commodities or services indicated by a trademark, manufacturers of the said commodities or other operators who provide relevant services, and the sellers and other people involved in the market.Article 3 The following materials may be used as the certification materials of a we
5、ll-known trademark:1. relevant materials that can evidence the extent that the relevant public know the trademark;2. relevant materials that can evidence the lasting time of the trademark, including the materials involving the history and scope of the use and registration of the trademark;3. relevan
6、t materials that can evidence the lasting time, extent and geographic scope of any publicity work, including ways of adverting and promotion, geographic scope, type of publicity media and the quantity of the launched advertisements;4. Relevant materials that can indicate that this trademark has been
7、 protected as a famous one, including the pertinent materials that the trademark has been protected as a well-known trademark in China, or in other country or region;5. Other evidential materials that can indicate the trademark is famous, including the materials regarding the recent 3 years of outpu
8、t, sales volume, profit payments and tax turnover and sales territory of the principal commodities using this trademark.Article 4 Where a trademark, which has been given preliminary examination and approval and publicly announced, is thought to be in violation of Article 13 of the Trademark Law, the
9、 party involved may raise an objection to the trademark office in accordance with the relevant provisions of the Trademark Law and the Implementing Rules and shall submit relevant materials that can prove the trademark as famous.Where a registered trademark is thought to be in violation of Article 1
10、3, the party involved may file an application to the Trademark Review and Adjudication Board, pleading it to make a ruling to revoke the registered trademark, and shall submit relevant materials that can prove the trademark as famous.Article 5 In the management of trademarks, where a trademark used
11、by others is thought to be in violation of Article 13 and it is requested to protect this famous trademark, the party involved may file an written application to the administrative department at the city (prefecture, region) level of the place where case has occurred, pleading it to ban such use, an
12、d shall submit relevant materials that can prove the trademark as famous. At the same time, it shall report to the administrative department at the provincial level where it is located.Article 6 Having received an application for the protection of a famous trademark in the administration of marks, t
13、he administrative department for industry and commerce shall examine whether the case falls within the following circumstances as provided in Article 13 of the Trademark Law:1. Where a well-known trademark that hasnt been registered in China is used on identical or similar commodities of others with
14、out permission, and it is likely to cause confusion;2. Where an trademark identical or similar to a well-known trademark that has been registered in China is used on the different or dissimilar commodities without permission, and it is likely to mislead the public and to cause damages to the interes
15、ts of the registrant of the well-know trademark.In any of the above-mentioned circumstances, the administrative department at the city (prefecture, region) level shall submit the complete set of materials of this case to the administrative department of this province (autonomous region, municipality
16、 directly under the Central Government) within 15 days as of the acceptance of the application, and shall issue a case acceptance notice to the parties involved. Within 15 days as of the acceptance of the application, the administrative department of this province (autonomous region, municipality di
17、rectly under the Central Government) shall submit the complete set of materials of this case to the trademark office.A case not falling within the above-mentioned circumstances shall be timely resolved in accordance with the Trademark Law and the Implementing Rules.Article 7 The administrative depar
18、tment of the province (autonomous region, municipality directly under the Central Government) shall examine the materials involving well-known trademark protection submitted by the administrative departments at the city (prefecture, region) level within its jurisdiction.For a case falling within the
19、 circumstance as listed in the first paragraph of Article 6 of the present Provisions, the materials of the case submitted by the administrative department for industry and commerce at the city (prefecture, region) level shall be submitted to the trademark office within 15 days as of the acceptance
20、of these materials.For a case not falling within the circumstance as listed in the first paragraph of Article 6 of the present Provisions, the relevant materials shall be returned to the original acceptance organ, and the case shall be timely resolved in accordance with the Trademark Law and the Imp
21、lementing Rules.Article 8 The trademark office shall make a decision about the relevant materials of a case, shall inform the administrative department of the province (autonomous region, municipality directly under the Central Government) where this case occurred of the decision, and send a copy of
22、 the decision to the administrative department of the province (autonomous region, municipality directly under the Central Government) where the involving parties are located.Except for the materials for proving the trademark famous, the trademark office shall return the other materials to the admin
23、istrative department of the province (autonomous region, municipality directly under the Central Government) where the case occurred.Article 9 For a trademark that has not been identified as famous, the applicant shall not file another application for the same trademark on the basis of the same fact
24、s and reasons within one year as of the decision is made.Article 10 When determining whether a trademark is famous or not, the trademark office and the Trademark Review and Adjudication Board shall take account of all the factors listed by Article 14 of the Trademark Law, but it shall not set a prec
25、ondition - to require the trademark to satisfy all the factors - for the trademarkArticle 11 When protecting a well-known trademark, the trademark office, Trademark Review and Adjudication Board and local administrative department of industry and commerce shall take the distinction and level of fame
26、 of the trademark into consideration.Article 12 Where an applicant requests to protect its trademark in accordance with Article 13 of the Trademark law, it may offer records that this trademark has ever been protected as a famous one by the administrative organ of our country.If the protection scope
27、 of the case upon acceptance is almost the same as that of the case in which the trademark has already been protected as a famous trademark, and both parties to the case raise no objection to the point that the trademark is famous, or the opposing party raise an objection, but fails it to offer evid
28、ential materials to prove that this trademark is not famous, the administrative department of industry and commerce that accepts this case shall make a ruling on or solve the case on the basis of the conclusion of the protected records.If the protection scope of the case upon acceptance differs from
29、 that of the case in which the trademark has already been protected as a famous trademark, the opposing party raises an objection to the point that the trademark is famous and offers evidential materials to prove that this trademark is not famous, therefore the materials related to the famous tradem
30、ark shall be re-examined and identified by the trademark office and the Trademark Review and Adjudication Board.Article 13 If a party concerned holds that its famous trademark which has been registered as an enterprise name by others may cheat or mislead the public, it may apply to the administrativ
31、e organ of enterprise name registration for canceling the registration of this enterprise name. The administrative organ of enterprise name registration shall deal with such a case in accordance with the Administrative Provisions of Enterprise Name Registration.Article 14 The administrative departme
32、nts of industry and commerce of all levels shall strengthen the protection of famous trademarks, and shall transfer the suspected cases of crimes of counterfeit trademark to the relevant departments in time.Article 15 The administrative department of industry and commerce of the province (autonomous
33、 region, municipality directly under the Central Government) where the organ which made the decision is located shall send a copy of the decision made to protect the famous trademark.Article 16 The administrative departments of industry and commerce of all levels shall establish relevant supervision
34、 system, create relevant supervision and control measures, and strengthen the supervision and inspection of the whole process of the identification of a famous trademark.If the pertinent functionaries engaged in the identification of famous trademarks neglect their duties, abuse their powers, seek p
35、rivate interests, seek improper profits, violate the law in the identification of famous trademarks, they shall be given an administrative punishment in accordance with the law; and those who constitute crimes shall be subject to the criminal responsibilities in accordance with the law.Article 17 Th
36、e Provisions shall enter into force as of June 1, 2003. At the same time, the Interim Provisions for Identification and Protection of Well-known Trademarks promulgated by the State Administration for Industry and Commerce on August 14, 1996 shall be concurrently repealed. Promulgated by The State Administration for Industry and Commerce on 2003-4-17