By Bill H. Zhang

On April 21, 2009, China’s State Administration for Industry and Commerce (“SAIC”) issued a Working Rules for Identifying Well-known Trademarks (“Working Rules”), which took into effect immediately, under Documentation Gong Shang Biao Zi (2009) No. 81 to guide the SAIC affiliated Trademark Office (“China Trademark Office” or “CTO”) and the Trademark Review and Adjudication Board (“TRAB”) to efficiently identify well-known trademark during their trademark administration. The Working Rules have reclarified certain criterions, particularly, designed a four-layer governmental identification structure and defined their respective powers and responsibilities, and further set out many specific procedures in great details on how to identify well-known trademark. The Working Rules imply that China has taken a more prudent and realistic attitude towards well-known trademark identification and protection. From now, the identification of well-known trademark in China will become more transparent and stricter and the protection to well-known trademark will become stronger. Foreign companies having business operation in China shall familiarize with these criterions, the identification structure and procedures so as to restructure their trademark management strategy and get their marks effectively identified as well-known trademarks in China.

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