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12 October 2012
Foreign companies are still struggling to have their well-known trademarks recognized in China using administrative procedures, a new report says. On May 27, 2011, The State Administration for Industry & Commerce (SAIC) of the People’s Republic of China published the 2010 list of well-known Trademarks Recognized Through Administrative Procedures.
According to an update from the Chinese law firm Wan Hui Da, 396 trademarks were recognized administratively as well-known trademarks, but only 11 of these were owned by foreign companies. The recognition rate of less than 3% highlights the continuing difficulties foreign companies face when trying to use administrative procedures to recognize well-known trademarks in China.
Although overall recognition rates remain extremely low, Wan Hu Da pointed out that the recognition rate of foreign-owned trademarks in trademark opposition reviews and disputes has actually risen slightly from 9.8% in April 2009 to 12% in 2010. Chinese authorities are also making efforts to regulate and tighten the recognition of well-known trademarks through judicial procedures, and the SAIC is in the process of revising the Provisions on the Recognition and Protection of Wellknown Trademarks.
Well-known Trademarks Recognized through Administrative Procedures
| Authority | Case Type | Total Number | Number Owned by Foreign Companies | Recognition Rate |
| China Trademark Office |
Trademark Enforcement Cases
|
289 | 0 | 0% |
| China Trademark Office |
Trademark Opposition Cases |
24 | 1 | 4.2% |
| Trademark Review & Adjudication Board |
Opposition Reviews & Trademark Disputes |
83 | 10 | 12% |
| Total | 396 | 11 | 2.8% |
