China has been fulfilling her promise to the world to protect the legitimate rights and interests of both Chinese and foreign trademark owners since China became party to a member of Paris Convention for the Protection of Industrial Property. As provided in Article 25 of Regulations for the Implementation of Trademark Law revised in 1993, to violate the principles of honesty and credit and plagiarize, counterfeit or translate any well-known trademark of another party in the registration shall be deemed as acts committed in the acquisition of a trademark registration by fraud or any other unfair means. As provided in Article 13 of the Trademark Law revised in 2001, where a trademark in respect of which the application for registration is filed for use for identical or similar goods is a reproduction, imitation or translation of another person's trademark not registered in China and likely to cause confusion, it shall be rejected for registration and prohibited from use. Where a trademark in respect of which the application for registration is filed for use for non-identical or dissimilar goods is a reproduction, imitation or translation of the well-known mark of another person that has been registered in China, misleads the pub1ic and is likely to create prejudice to the interests of the well-known mark registrant, it shall be rejected for registration and prohibited from use. As provided in Regulations for the Implementation of Trademark Law revised in 2002, a trademark owner who believes that the registration of its well-known trademark as an enterprise name by another person is likely to deceive or mislead the public may apply to the competent registration authorities of enterprise names for the cancellation of the registration of the enterprise name.
(Trademark Office under the State Administration for Industry and Commerce)
