To implement the "Outline of National Intellectual Property Strategy" and promote the trademark strategy, State Administration for Industry and Commerce (SAIC) recently issued the "Detailed Rules on Recognition of Well-known Trademark".

According to the "Rules", the recognition of well-known trademark aims to intensify trademark protection, to guide enterprises to implement trademark strategy, form a batch of enterprises with their own intellectual property rights, well-known brands and strong international competitiveness, and to promote social economic development as well as the construction of innovation-based nation.

The new "Rules" make specific provisions on the elements of well-known trademarks, evidence material, review of trademark management and objection procedures, reexamination of trademark objection, review of trademark dispute as well as supervision and legal responsibility.

The "Rules" provide that the following factors shall be taken into consideration when recognizing well-known trademarks: the trademark recognition in the general public, the duration of the use of the trademark, duration, extent and scope of trademark publicity, protection records of the trademark as well-known trademark, etc.

Source: IPR in China