Forty-three marks receive well-known status under new rules

The State Administration of Industry and Commerce has published the first list of trademarks granted well-known status since the promulgation of the new Trademark Law in October 2001 and the Regulations for Recognition and Protection of Well-Known Marks in June 2003 (see Regulations for recognition and protection of well-known marks in force).

A total of 43 trademarks are listed, including two US marks - GILLETTE (in English and Chinese scripts) and SPRITE (in Chinese script) and a Taiwanese mark. The list also sets out the name of the owner and the class of goods or services for which the mark is used.

Under the 2003 regulations, only trademarks involved in a dispute such as opposition, cancellation or infringement may benefit from well-known status. It appears that all 43 marks published in the list are involved in infringement proceedings.

Yvonne Chua and Howard Tsang, Wilkinson & Grist, Hong Kong