Well-known trademarks protection returns to original legislative intent

The third revised version of the Trademark Law, approved on 30 August, expressly specifies that it is prohibited for a producer or business operator to use the words “well-known trademark” on goods or the packaging or containers for such goods, or in advertising, publicity, exhibitions or other commercial activities.

According to the new Trademark Law, business operators will no longer be able to use “well-known trademark” in their advertising and publicity. It is the author’s opinion that this provision will be beneficial in returning to the original legislative intent behind well-known trademarks, and will be beneficial in the development of the PRC’s well-known trademark system.

Original legislative intent

The term “well-known trademark” first appeared in the 1925 Hague version of the Paris Convention. The well-known trademark protection system was gradually established with the development of the market economy, and capital concentration gave rise in the market to a number of marks with a relatively high degree of recognition.

Wang Yadong is the executive partner and Lu Lei is an associate at Run Ming Law Office