Well-Known Marks in China: How Recognition Works and When to Use It

In ZARA v ZORA, the Delhi High Court held that a brand owner claiming cross-class protection for a well-known mark does not need a prior formal "well-known" declaration; reputation can be proved with evidence in the case itself. Our news report covers the ruling. China takes a similar approach: well-known status is decided case by case, when a dispute needs it, and there is no title a brand owner can apply for in advance. This guide explains how well-known marks are protected and recognised in China, when the route is worth using, and what foreign brand owners should prepare.

What protection a well-known mark gets in China

Article 13 of the current Trademark Law (2019 amendment) distinguishes two cases:

• Well-known but not registered in China: an application for identical or similar goods that copies, imitates or translates the mark and is likely to cause confusion will be refused, and its use prohibited.
• Well-known and registered in China: an application for different, dissimilar goods that copies, imitates or translates the mark, misleads the public and may damage the owner's interests will be refused, and its use prohibited. This is the cross-class protection brand owners usually want.

The practical point for foreign brands: without a Chinese registration, even a well-known mark is protected only for identical or similar goods. Cross-class protection requires the mark to be registered in China.

How recognition works: case by case, only when needed

1. Only inside a case: under Article 14, well-known status is determined at a party's request as a fact needed to decide a trademark case: an opposition, an invalidation, an administrative enforcement action or a court case.
2. Only for that case: the finding is not a lasting title. In the next case the owner must prove reputation again, although earlier records of protection as a well-known mark count as evidence.
3. Only if necessary: if the dispute can be decided on ordinary grounds, such as a similar mark on similar goods, the authority or court will usually not examine well-known status at all.

What the evidence must show

Article 14 lists the factors:

• how well the relevant public knows the mark;
• how long the mark has been used;
• the duration, extent and geographical reach of its promotion;
• records of protection as a well-known mark;
• other factors showing the mark is well known.

The key word is China. Evidence must show reputation among the relevant public in China, dated before the other party's filing date. Global fame with little sales or advertising in China rarely succeeds. Chinese-language media coverage, Chinese sales figures, e-commerce data and Chinese trade fairs carry the most weight.

When foreign brand owners use it

1. Cross-class squatting: someone registers your mark for unrelated goods, where ordinary similarity rules cannot stop it. You need the well-known mark route in an opposition or invalidation.
2. Squatting before you register: your mark is not yet registered in China and someone files it for identical or similar goods. You can claim protection as an unregistered well-known mark, alongside other grounds such as prior use or agent and distributor squatting.
3. Bad-faith registrations older than five years: under Article 45, invalidation on these grounds must normally be filed within five years of registration, but the owner of a well-known mark is not bound by the five-year limit against bad-faith registrations.

For the procedural options, see opposition, invalidation and non-use cancellation.

What to prepare now

1. Register in China first, including your Chinese-character mark. Cross-class protection depends on a Chinese registration. See choosing a Chinese brand name.
2. Keep dated evidence of reputation in China year by year: sales and market share, advertising contracts and invoices, Chinese media coverage, rankings and awards, survey results.
3. Keep enforcement records: every opposition, invalidation, raid and judgment, especially any decision that protected the mark as well known.
4. Watch new filings in all classes: opposing a cross-class filing during the three-month publication period is far cheaper than invalidating it later.

Do not use "well-known trademark" in marketing

Article 14(5) prohibits using the words "well-known trademark" (驰名商标) on goods, packaging, advertising, exhibitions or other commercial activities. Under Article 53, the penalty is an order to stop and a fine of RMB 100,000. A finding in a case cannot be used as a selling point.

Frequently asked questions

Can I apply for well-known status on its own? No. It is decided only when a party requests it in a specific opposition, invalidation, enforcement action or court case.

Does fame in other countries count? Only as background. The question is reputation among the relevant public in China.

Will the 2027 revised law change this? The revised Trademark Law takes effect on 1 January 2027 and renumbers some articles. This guide cites the current law; check the new text and implementing rules once they apply.

J&C Intellectual Property Agency (JCIPO), founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We handle oppositions and invalidations and prepare reputation evidence for foreign brand owners, see our opposition and defence service. Patent filings are handled through an affiliated patent agency.