Renmin Chinese Law Review

Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 2

Renmin Chinese Law Review: Selected Papers of The Jurist

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 2 is the second work in a series of annual volumes on contemporary Chinese law, which bring together the work of recognised scholars from China, offering a window on current legal research in China.

Chapter 11: The unregistered well-known trademark system and its improvement

Feng Xiaoqing

Subjects: asian studies, asian law, law - academic, asian law


Unregistered well-known trademarks are those that are already well known but not yet registered. They constitute an important part of well-known trademarks but, as a result of the fact that they are not yet registered, their protection is somewhat special in many countries, including China, which practices a registration policy. In recent years, the Trademark Office and Trademark Appeal Board of the State Administration for Industry and Commerce of the People's Republic of China and People's Court have recognized some unregistered trademarks, of which a few are controversial. An earlier case of government recognition of unregistered well-known marks dates to 2004, when the State Administration for Industry and Commerce accepted the unregistered mark 'Xiaofeiyang' as a well-known trademark, followed by the recognition of the unregistered trademark 'Suansuanru' in 2006. As a matter of fact, there even exists a case dating back much earlier, in 1984, when the Trademark Appeal Board of the State Administration for Industry and Commerce dealt with E.I. Du Pont's trademark registration application for 'Freon'.

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