Well-Known Trademark in China

Well-Known Trademark in China

Do you know China has specific laws that will recognize a brand as “WELL-KNOWN”? 

Do you know China has specific evidence requirement before it recognizes – formally and legally – a brand as well known? 

Do you know the Chinese Supreme Court has made a ruling (a very helpful one for Western brands if you may ask) on this very topic concerning WELL KNOWN TRADEMARKS?  

What is a WELL-KNOWN trademark in China? How to get it and IS IT WORTH IT? 

In the US, even though there is no specific law about WKTM (“well-known trademarks”), it’s probably very difficult and highly unlikely to successfully register NIKE for – say – Christmas tree services. China, on the other hand, does have specific laws concerning this very topic. But still, it’s not as difficult as one would think to register trademarks such as STARBUCKS for speaker products, LIPTON for refrigerators, or CARTIER for medical equipment.

 

Why is that? What are the top most helpful cases for Western brands if businesses want to achieve the WKTM status? Is having a WKTM recognition helpful at all in fights against counterfeiters (if so, how?)? What are some global brands that have been recognized as well-known in China? What’s the average damage award in trademark infringement cases when the underlying case involves a well-known brand? Do the Chinese authorities hand out harsher punishments against bad faith infringers if the infringement concerns a legally recognized well-known brand versus an everyday Joe and Mary brand?

  • What were the lessons from the Tiffany case when the brand was recognized as well known?

  • How did the Chinese authorities propose to use the Tiffany case against bad faith trademark squatters?

  • What’s the significance of the AUDI case when the car giant was recognized as a well-known brand?

  • How do / can businesses use their well-known trademark status to go after third parties which register their brand as a domain name in China?

  • How do / can businesses use their well-known trademark status to go after third parties which register their brand as part of the company name?

  • How do / can businesses use their well-known trademark status to go after online counterfeiters?

  • What’s the BIGGEST benefit once a brand has been recognized as well-known in China?

Bottom line: Is it worth the investment to push your brand to be LEGALLY recognized as a WELL-KNOWN trademark in China? 

I have been invited to do a one-hour briefing on this very topic with PLI. Click here to see the program detail. The program provides answers to ALL of the questions listed above and beyond. Join the conversation – share your experience and shed some light on this very controversial topic!

Webinar – 3 Keys to the Emperor’s Kingdom

Webinar – 3 Keys to the Emperor’s Kingdom

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