Adopted: June 26, 2026    

Effective Date: January 1, 2027

4. Major Upgrades to the Well‑Known Trademark

4.1 Cross‑Class Protection Extended to Unregistered Well‑Known Trademarks

Statutory Provision: Article 21, Paragraph 2

Old Rule: Only registered well‑known trademarks in China enjoyed cross‑class protection for dissimilar goods/services. Unregistered well‑known trademarks were limited to protection on identical/similar goods only. No cross‑class blocking was available.

New Rule: The prerequisite for cross‑class protection is abolished. Unregistered well‑known trademarks shall now enjoy equal cross‑class protection against squatting and infringement.

Practical Impact for Foreign Clients

The “registered in China” prerequisite is deleted.  Both registered and unregistered well‑known trademarks are eligible for cross‑class protection against reproduction/imitation/translation on dissimilar goods/services, subject to “misleading the public and likely prejudice to the holder’s interests”.  Overseas internationally‑renowned brands which have not entered the Chinese market or secured Chinese trademark registrations may directly assert unregistered well‑known trademark status to oppose squatting applications and file opposition or invalidation. This reform significantly lowers trademark enforcement barriers for overseas right‑holders and strengthens pre‑entry brand protection.

4.2 Official Well‑Known Fame Confirmation for Overseas Litigation

Statutory Provision: Article 69 Paragraph 1

At the request of interested parties in overseas trademark‑related disputes, the national intellectual property administrative authority may issue an official certificate confirming whether the trademark in question is well‑known to the relevant public within the territory of China.

Practical Impact for Foreign Clients

Where a right‑holder from a foreign country needs to prove that its trademark is well‑known to the relevant public in China in the course of opposition, invalidation, cancellation, administrative or judicial infringement proceedings in a third‑country jurisdiction, it may apply for such official confirmation. The newly‑amended Trademark Law permits foreign right‑holders to file an application directly with China’s competent trademark authority for a possible official written confirmation of the trademark’s well‑known status. This document may be submitted directly to the target country’s trademark authority, greatly enhancing the probative weight of the evidence.