advantages of the famous trademark in China

The well-known trademark obtained after the approval of application for well-known trademark in China can gain a more extensive protection than the general trademarks. Relevant legal basis as follow:

Article 13 of Trademark Law stipulates,” Where a trademark in respect of which the application for registration is filed for use for non-identical or dissimilar goods is a reproduction, imitation or translation of the well-known mark of another person that has been registered in China, misleads the public and is likely to create prejudice to the interests of the well-known mark registrant, it shall be rejected for registration and prohibited from use.

Article 41 of Trademark Law stipulates,” Where a registered trademark stands in violation of the provisions of Articles 13, 15, 16 and 31 of this Law, any other trademark owner concerned or interested party may, within five years from the date of the registration of the trademark, file a request with the trademark Review and Adjudication Board for adjudication to cancel the registered trademark. Where a well-known mark is registered in bad faith, the genuine owner thereof shall not be restricted by the five-year limitation.

Article 13 of Provisions for Identification and Protection of Well-Known Trademarks stipulate, ” 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 administrative 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 53 of Trademark Law Implementing Rules, “Where anyone infringes upon the regulations in respect of Article 13, the relevant person concerned can apply to Industrial and Commercial Administrative Department for the prohibition of the use of trademark. Where a trademark has been identified by the Trade Mark Office as a well-known trademark, the said act of the use of well-known trademark by the infringer should be prohibited by the Industrial and Commercial Administrative Department and the trademark of the infringer should be taken over and destroyed; Where the trademark and products are difficult to separate, they should be confiscated and destroyed jointly.”