Trademark Wiki / 商标基础

Well-Known Trademark

TermPublished 2026-09-17 · Updated 2026-09-17

A well-known trademark is a trademark widely known to the relevant public; it follows the principles of case-by-case recognition and passive protection, and may receive extended protection across classes or even without registration.

A well-known trademark is a trademark widely known to the relevant public in China. It is not an independent category of trademark, nor an honorary title, but a special protection mechanism granted to highly reputed trademarks in specific cases to stop infringement and resolve rights conflicts. China applies the principles of case-by-case recognition, passive protection, and recognition on demand to well-known trademarks.

Legal Basis

  • Article 13 of the Trademark Law: where the holder of a trademark widely known to the relevant public considers its rights infringed, it may request well-known trademark protection in accordance with this Law. A trademark applied for registration on identical or similar goods that is a reproduction, imitation, or translation of another's well-known trademark not registered in China and is likely to cause confusion shall not be registered and shall be prohibited from use. A trademark applied for registration on dissimilar goods that is a reproduction, imitation, or translation of another's well-known trademark already registered in China, misleading the public such that the interests of the registrant of that well-known trademark are likely to be damaged, shall not be registered and shall be prohibited from use.
  • Article 14 of the Trademark Law: prescribes the factors to be considered in recognizing a well-known trademark, and expressly provides that producers and operators may not use the words "well-known trademark" on goods, packaging, or containers, or in advertising, exhibitions, and other commercial activities.

Recognition Factors

The following factors shall be considered in recognizing a well-known trademark:

  1. The degree of awareness of the trademark among the relevant public.
  2. The duration of use of the trademark.
  3. The duration, extent, and geographical scope of any publicity for the trademark.
  4. Records of the trademark being protected as a well-known trademark.
  5. Other factors making the trademark well known, such as market share, sales territory, and profits and taxes.

Strength of Protection

Well-known trademarks are protected markedly more strongly than ordinary registered trademarks:

  • Unregistered well-known trademarks: on identical or similar goods, they can defeat reproductions, imitations, or translations likely to cause confusion — achieving protection before registration.
  • Registered well-known trademarks: protection may extend across classes; reproductions, imitations, or translations of a well-known trademark on dissimilar goods that mislead the public and may damage the registrant's interests are likewise refused registration and prohibited from use.
  • Against enterprise names and domain names: registering a well-known trademark as an enterprise trade name or domain name in a manner that misleads the public can be restrained under the Trademark Law and the Anti-Unfair Competition Law.
  • Exemption from the invalidation time limit: against registrations made in bad faith, the owner of a well-known trademark is not bound by the five-year time limit for requesting invalidation.

Recognition Channels and Principles

Well-known trademark recognition may be requested in trademark oppositions, refusals of registration review, invalidations, trademark administration cases, and civil and administrative litigation, and is granted by the Trademark Office, the trademark review authorities, or the people's courts on a case-by-case, as-needed basis. Recognition follows three principles:

  1. Case-by-case recognition: the effect of recognition is confined to the case at hand and does not constitute a permanent status.
  2. Passive protection: recognition must be requested by a party; administrative organs do not recognize it on their own initiative.
  3. Recognition on demand: where the matter can be resolved through the ordinary trademark regime, well-known trademark recognition is not initiated.

Common Misconceptions

  • A well-known trademark is not an honor: the 2013 amendment expressly prohibits using "well-known trademark" in advertising; violators may be fined up to RMB 100,000.
  • No lifetime tenure: reputation is dynamic, and case-by-case recognition does not mean permanent fame.
  • No application for recognition: there is no procedure for proactively applying to an administrative organ for well-known trademark recognition and a certificate; any service agency claiming it can obtain such recognition for you is not credible.

Practical Significance

The well-known trademark regime is the ultimate weapon for famous brands against cross-class squatting and brand free-riding, but the recognition threshold is high and the evidentiary load heavy. For the vast majority of enterprises, the more realistic path remains registering in multiple classes in advance and continuously preserving use evidence — putting protection at the front end.

The practical judgment behind these concepts must be combined with individual cases; before proceeding, you may book a targeted analysis with a CNIPA-recorded trademark agent on MyTMBee.