驰名商标认定和保护规定 recognition and protection of well-known trademarks provisions.docVIP

驰名商标认定和保护规定 Recognition and Protection of Well-known Trademarks Provisions （Promulgated by the State Administration for Industry and Commerce on 17 April 2003 and effective as of 1 June 2003.） 颁布日期实施日期颁布单位：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