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Well-Known Trademark in China: What Is It, How to Get It and How to Protect It

Recorded on: Feb. 7, 2018
Running Time: 01:04:03

Full Transcript:



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Taken from the One-Hour Briefing Recorded January 31, 2018 in New York

Well-Known Trademark in China: What Is It, How to Get It and How to Protect It [01:04:03]

For fifteen consecutive years, China has been the world’s No. 1 country for receiving and processing trademark filings.  In 2016, there were more than 3.5 million trademark filings in China; in 2017, the number of filings from January to November has exceeded 5 million. To put the numbers in perspective, the number of trademarks filed in China in 2015 alone was three times more than the combined trademark applications filed in the United States and the European Union (2nd and 3rdplace respectively). 

This means more brands are flooding to China.  This also means the need to understand exactly how China’s trademark system works is more pressing than ever.  The danger in China is however, you don’t know what you don’t know. Our goal is to provide the “know” when it comes to trademark and branding in the Wild East.  In this presentation, we will focus on China’s “well-known trademark” concept (WKTM) and discuss the following questions: 

  • What is a well-known trademark?
    • What does the Chinese law say about WKTM?
    • Western vs/ Chinese understanding -- one key distinction
  •  What are the key benefits to business when a brand is recognized as well-known in China?
  •  What are the top cases in China when it comes to WKTM?
    • What is the message in the Tiffany case?
    • What is the take-away in the AUDI well-known trademark case? 
  • What is required in order to get a WKTM recognition? 
  • Is it worth it? 

Presentation Material

  • Protecting the looks of Products in China
    Amy Hsiao
  • Well-Known Trademark in China
    Amy Hsiao
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