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ARTICLE · 18 JULY 2016

Well-Known Trademarks In China

What does well-known trade mark status mean? What's the difference between the protection offered by a well-known trade mark and a normal one?

ChinaIntellectual Property

Samiko Sun

1. What does well-known trade mark status mean? What's the difference between the protection offered by a well-known trade mark and a normal one?

The well-known trademark status means that the mark has acquired high reputation and influence among the public through extensive and continuous use, and it has been recognized as well-known trademark by the relevant public, based on which a broader scope of protection could be given on a case-by-case basis.

Well-known trademark is offered a broader scope of protection, which is not limited to the designated goods and services covered by the registration. It means that the protection for a well-known mark could be extended to the non-similar goods and services, even though, sometimes, the gap among the goods and services is large, the well-known mark would also be protected to prevent the possible dilution of the well-known mark.

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