Rights of a well-known trademark

A well-known trademark shall, upon the request of the party concerned, be determined as one fact to be cognized in dealing with trademark related matters.

The following factors shall be considered in determining a well-known trademark:

(1) reputation of the trademark in the relevant sector of the public;

(2) duration of use of the trademark;

(3) duration, degree, and geographical scope of any publicity for the trademark;

(4) history of protection of the trademark as a well-known trademark;

(5) other factors contributing to the reputation of the trademark.

In the procedure of examining a trademark registration or investigating and prosecuting the infringement of the exclusive right to use a registered trademark by the administrative authority for industry and commerce, where the party concerned makes a request based on the provision of Article 13 of this law, the Trademark Office may determine whether a trademark is well known or not according to the need to examine or prosecute a trademark related case.

When handling a trademark disputed case, where the party concerned makes a request based on the provision of Article 13 of this law, the Trademark Review and Adjudication Board may determine whether a trademark is well known or not according to the need to handle the case.

In hearing a trademark civil or administrative case, where the party concerned makes a request based on the provision of Article 13 of this law, the people’s court designated by the Supreme People’s Court may determine whether a trademark is well known or not according to the need to hear the case.
The producers and the business operators shall not use the words, “well-known trademark”, on goods, packages or containers of the goods, or use the words in advertising, exhibition or any other business activities.