National Law Review: Guest Post: Well-Known Mark Recognitions in China – Part I

Here’s the introduction to the piece

This is the first guest post in a 4-part series regarding well-known marks in China from Beijing East IP authors Yan Zhang, Feifei Bian & Austin Chang.  

Securing well-known mark (WKM) recognitions in China can give a broader protection to brand owners in both administrative and judicial disputes. block bad faith trademark filings from registration and invalidate trademarks registered in bad faith in particular cases. WKM recognition can also provide a strong basis for determining trademark infringement and awarding damages. In this series, we will share our insights on how to secure WKM recognitions for registered trademarks in China. In Part I, we will be sharing WKM recognitions benefits, principles, and evidence collection.

1. Well-known mark recognition benefits

Unlike a regular registered trademark that can only block identical or similar mark designed on identical or similar goods or services, a WKM offers cross-class protection against identical or similar marks designating goods or services in related classes. That is, if a trademark application that is identical or similar to a WKM but is filed in a different but related class where the WKM owner does not have a prior mark, the WKM owner may oppose the trademark application citing its WKM.

https://www.natlawreview.com/article/guest-post-well-known-mark-recognitions-china-part-i