On April 21,State Administration for Industry and Commerce (SAIC) issued the Working Rules on Identification of Well-known Trademarks, targeting at regulating the identification of well-known marks and promoting the implementing the trademark strategy.
According to the rules, the trademark office and the Trademark Adjudication and Review Board (TRAB) are the authorities under SAIC to identify trademarks. A special committee is established to be responsible for the review of the identification of well-known marks.
In examining whether a mark is well-known, factors listed in article 14 of the trademark law should be applied, familiarity of the mark by related public, duration of the use of the mark, the publicity and its duration, extent and geographical regions, records of protection as well-known marks, other factors making the mark well-known. According to the rules, not all the 5 factors have to be met in order for a mark to be identified well-know.
During the examination of well-know marks, any entity or individual may submit comments or opinions to the trademark office or the Trademark Adjudication and review Board. The owner of the alleged mark, its agent or concerned parties may also pay a visit to the trademark office or the TRAB.
According to the rules, the identification of well-known mark is to be an area for clean administration against corruption. A complete system will be established for supervision and check.
