国家工商行政管理总局令第5号

（Promulgated¹ by the State Administration for Industry and Commerce on 17 April 2003 and effective as of 1 June 2003.）

颁布日期：20030417 　实施日期：20030601 　颁布单位：国家工商行政管理总局

　　Article 1　These Provisions are formulated³ in accordance with the PRC， Trademark⁴ Law （the Trademark Law） and the PRC， Trademark Law Implementing⁵ Rules （the Implementing Rules）。

　　Article 2　For the purposes of these Provisions， the term “well-known trademarks⁶” refers to trademarks that are widely known to the relevant public and enjoy a relatively⁷ high reputation in China.

　　“The relevant public” includes consumers related to the type of commodity or service branded with the trademark， other business operators that produce the afore-mentioned commodity or provide the service， and sellers and relevant persons involved in the distribution channel， etc.

　　Article 3　The following materials may be evidence to prove that a trademark is well-known：

　　1. the relevant materials proving the degree to which the trademark is known among the relevant public；

　　2. the relevant materials proving the length of continuous use of the trademark， including materials related to the use， history of registration⁸ and scope of the trademark；

　　3. the relevant materials proving the continuous length， degree and geographical⁹ scope of any publicity¹⁰ work for the trademark， including materials related to the form of advertising¹¹ and publicity， and sales promotion¹² activities， geographical scope， types of advertising media and amount of investment in advertising， etc.；

　　4. the relevant materials proving the records of protection of the trademark as a well-known trademark， including the relevant materials proving that the trademark has been protected as a well-known trademark in China or in other countries or regions； and

　　5. other evidence proving that the trademark is well-known， including materials related to the output， sales volume， sales income， profits tax and sales regions of the main commodities that use the trademark in the recent three years.

　　Article 4　If a party is of the opinion that the trademark of another person that has been preliminarily approved and gazetted violates Article 13 of the Trademark Law， he may raise an objection with the Trademark Office in accordance with the Trademark Law and its Implementing Rules， and submit the relevant materials proving that his trademark is well-known.

　　If a party is of the opinion that a registered trademark of another person violates Article 13 of the Trademark Law， he may make a request to the Trademark Review and Adjudication Board in accordance with the Trademark Law and its Implementing Rules for a ruling to cancel the registered trademark， and submit the relevant materials proving that the trademark is well-known.

　　Article 5　If， in the course of administration of trademarks， a party is of the opinion that a trademark used by another person falls within Article 13 of the Trademark Law and requests protection of his well-known trademark， he may submit a written request to the administration for industry and commerce of the place where the case occurred at municipal （district or prefectural） level or above for prohibition¹³ of use of the trademark， and submit the relevant materials proving that the trademark is well-known， and， at the same time， duplicate the same to the local administration for industry and commerce at provincial¹⁴ level.

　　Article 6　After the administration for industry and commerce has received an application for protection of a well-known trademark in the course of administration of trademarks， it shall investigate whether the case falls within the following circumstances as stipulated¹⁵ by Article 13 of the Trademark Law：

　　1. unauthorized use of a trademark identical or similar to the well-known trademark of the party not registered in China， on identical or similar commodities by another person， liable to causing confusion； or

　　2. unauthorized use of a trademark identical or similar to the well-known trademark of the party that has been registered in China， on different commodities by another person， liable to confusing the public and possibly prejudice the interests of the registrant of the well-known trademark.

　　If the administration for industry and commerce at municipal （district or prefectural） level deems that a case falls within the afore-mentioned circumstances， it shall， within 15 working days of the date of acceptance of the request， submit all the case materials to the administration for industry and commerce of the province （autonomous¹⁶ region or municipality directly under the central government） where it is located and issue to the party a notice of acceptance of the case. The administration for industry and commerce of the province （autonomous region or municipality directly under the central government） shall， within 15 working days of the date of acceptance of the request， submit all the case materials to the Trademark Office. If the administration for industry and commerce at provincial level of the place where the party is located deems that the case falls within the afore-mentioned circumstances， it may also submit it to the Trademark Office.

　　If the case is deemed not to fall within the afore-mentioned circumstances， it shall be handled in a timely manner in accordance with the relevant provisions of the Trademark Law and its Implementing Rules.

　　Article 7　The administration for industry and commerce of provinces （autonomous regions or municipalities directly under the central government） shall investigate the case materials related to the protection of well-known trademarks submitted by the administrations for industry and commerce at municipal （district or perfectural） level within its jurisdiction¹⁷.

　　If the administration for industry and commerce deems that the case falls within the circumstances of Paragraph One， Article 6 hereof， it shall report the case to the Trademark Office within 15 working days of the date of receipt of the case materials from the administration for industry and commerce at municipal （district or prefectural） level within its jurisdiction.

　　If the administration for industry and commerce deems that the case does not fall within the circumstances of Paragraph One， Article 6 hereof， it shall return the relevant materials to the authority that originally accepted the case， which shall handle it in a timely manner in accordance with the relevant provisions of the Trademark Law and its Implementing Rules.

　　Article 8　The Trademark Office shall make a recognition within six months of the date of receipt of the relevant case materials， and shall notify the administration for industry and commerce of the province （autonomous region or municipality directly under the central government） where the case occurred of the results， and duplicate the same to the administration for industry and commerce of the province （autonomous region or centrally-governed municipality） where the party is located.

　　The Trademark Office shall return all case materials， except the materials related to proving a trademark is well-known， to the administration for industry and commerce of the province （autonomous region or municipality directly under the central government） where the case occurred.

　　Article 9　If a trademark is not recognized as well-known， the party may not submit a request for recognition of the same trademark again based on the same facts and grounds within one year of the date on which the result of recognition is given.

　　Article 10　When the Trademark Office or the Trademark Review and Adjudication Board recognizes a trademark as being well-known， it shall consider all the factors stipulated in Article 14 of the Trademark Law， but there is no prerequisite¹⁸ that the trademark must satisfy all the factors stated therein.

　　Article 11　When the Trademark Office， the Trademark Review and Adjudication Board and the local administration for industry and commerce provide protection to a well-known trademark， they shall consider the prominence¹⁹ of the trademark and the degree to which it is well-known.

　　Article 12　When a party requests that his trademark be protected in accordance with Article 13 of the Trademark Law， he may submit records showing that the trademark has previously²⁰ been protected as a well-known trademark by the relevant Chinese authorities in charge.

　　Where the scope of protection of a case that has been accepted is basically identical to that of a case in which protection of the well-known trademark has been granted， and the other party does not dispute that the trademark is well-known， or although he objects to it， he is unable to provide evidence that the trademark is not well-known， the administration for industry and commerce that has accepted the case may render a ruling on or deal with the case on the basis of the conclusion of the record of protection.

　　Where the scope of protection of a case that has been accepted is different from that of a case in which protection of the well-known trademark has been granted， or the other party disputes that the trademark is well-known and provides evidence that such trademark is not well-known， the Trademark Office or the Trademark Review and Adjudication Board shall re-investigate the materials related to the well-known trademark and make a recognition.

　　Article 13　Where a party is of the opinion that another person has used his own well-known trademark for registration of enterprise name， and may deceive or confuse the public， he may apply to the authorities in charge of registration of enterprise names to cancel the registration of the name of that enterprise. The authorities in charge of registration of enterprise names shall handle such applications in accordance with the Administration of the Registration of Enterprise Names Provisions.

　　Article 14　All levels of administration for industry and commerce shall strengthen protection of well-known trademarks， and shall transfer cases that are suspected of crimes of counterfeit²¹ of trademarks to the relevant departments in a timely manner.

　　Article 15　The local administration for industry and commerce of the province （autonomous region or municipality directly under the central government） where the handling authority is located shall duplicate the handling decisions of protection of well-known trademarks to the Trademark Office.

　　Article 16　All levels of administration for industry and commerce shall establish the appropriate supervisory mechanisms²² and formulate² the appropriate supervisory and control measures in order to strengthen supervision²³ and inspection²⁴ throughout the course of work on recognition of well-known trademarks.

　　Any relevant personnel participating in the work of recognition of well-known trademarks who abuses his power， practises graft²⁵， seek improper²⁶ gains or handles matters relevant to the recognition of well-known trademarks in violation²⁷ of the law shall be subject to administrative²⁸ penalty in accordance with the law. Where a criminal offence has been constituted， criminal liability shall be pursued in accordance with the law.

　　Article 17　These Provisions shall be effective as of 1 June 2003. The Recognition and Administration of Well-known Trademarks Tentative Provisions promulgated by the State Administration for Industry and Commerce on 14 August 1996 shall be repealed²⁹ simultaneously³⁰.