Why Apply for a Well-Known Trademark in China

Article 14 of the new Trademark Law, which was amended in 2013 and came into effect on May 1, 2014, stipulates that manufacturers and operators shall not use the words "well-known trademark" on commodities, commodity packages or containers, or in advertisements, exhibitions and other commercial activities. The purpose of the legislation is to eliminate unfair competition. Well-known trademark is essentially a kind of protection for trademarks, which does not reflect the quality of goods and brand reputation, and is not a title of honor. However, in reality, many enterprises use the acquisition of well-known trademarks as a shortcut to increase product awareness and competitiveness, and even use advertising to mislead consumers. In response to this problem, the new version of the Trademark Law provides that well-known trademarks should be recognized as a fact to be determined according to the request of the parties to deal with cases involving trademarks, and expressly prohibits the use of "well-known trademarks" to do advertising and publicity.