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Foreign Companies Struggle with Well-Known Marks

12 October 2012

Foreign Companies Struggle with Well-Known Marks

 

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%

 


Law firms