国家工商行政管理总局令第5号

（Promulgated by the State Administration for Industry and Commerce on 17 April 2003 and effective as of 1 June 2003.） (来源：英语杂志 http://www.EnglishCN.com)

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 formulated in accordance with the PRC， Trademark Law （the Trademark Law） and the PRC， Trademark Law Implementing Rules （the Implementing Rules）。

　　Article 2　For the purposes of these Provisions， the term “well-known trademarks” refers to trademarks that are widely known to the relevant public and enjoy a relatively 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 registration and scope of the trademark；

　　3. the relevant materials proving the continuous length， degree and geographical scope of any publicity work for the trademark， including materials related to the form of advertising and publicity， and sales promotion 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 prohibition 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 provincial 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 stipulated 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 （autonomous 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.