[Direct answer]In the Beijing area, well-known trademarks are protected across categories in China: for those that copy, imitate, or translate others' registered well-known trademarks and are likely to cause confusion, the trademark registration department may refuse to register them and prohibit their use; registered well-known trademarks may also be requested to be declared invalid in accordance with Article 13 of the Trademark Law. The determination requires comprehensive consideration of factors such as the degree of public awareness, the duration of trademark use, the investment and scope of promotion, and the record of protection. If a company finds that its goodwill is being infringed, it should promptly fix the evidence, assert its rights in objections, invalidation declarations, or infringement lawsuits, and, if necessary, request the determination of a well-known trademark to obtain cross-category injunctions and higher compensation. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

I. Problem Background and Typical Scenarios

Well-known trademark protection is commonly seen in scenarios such as others registering trademarks in unrelated categories, packaging and decoration confusion, and counterfeit sales on e-commerce platforms. Typical examples include well-known brands' trademarks being imitated by competitors for similar products, or defendants using the defense of "having legal authorization" to argue that there is no similarity; many enterprises mistakenly believe that "registering a trademark automatically grants full-category protection", but in reality, ordinary trademarks are only protected in the approved categories. Only when a trademark is recognized as a well-known trademark can it prevent confusion across categories. In practice, rights holders often need to request the court to recognize the well-known trademark in infringement litigation in order to obtain cross-category injunctions and higher compensation. Relevant enterprises can also combine this with other legal measures to protect their rights.Business and contract dispute services for enterprisesHandle authorization and distribution disputes.

II. Key points of contention

There are three key points of contention: First, whether it constitutes a well-known trademark, which requires a comprehensive assessment based on its popularity, continuous use, and promotional evidence; Second, whether the disputed logo imitates, translates, or copies a previously well-known trademark, and whether it is likely to cause confusion among the relevant public; Third, the determination of the amount of compensation, which the court will consider based on the circumstances of the infringement, the trademark's popularity, and reasonable legal protection costs. The defendant often defends by claiming that "the logo has legal authorization and the overall design is not similar", while the rights holder must prove the potential for free-riding on the goodwill and causing confusion. In cases involving franchising and franchise authorization, reference can be made to relevant provisions.Creditor-debtor relations and enforcement case servicesClarify the authorization chain.

III. Professional analysis by Henglue Lawyers

Based on the trademark infringement and unfair competition cases handled by our firm, we can clearly see the practical application of well-known trademark protection. In a trademark infringement and unfair competition dispute represented by Attorney Liu Yuanyuan, the plaintiff is a well-known domestic paper company. Its "EFGH" trademark was approved for use in sanitary napkins in Category 5 and has been recognized as a well-known trademark by courts and administrative authorities in multiple regions. The defendant, Company B, was authorized by a third party to use the "EFGK" logo to produce and sell similar products. The plaintiff claimed 980000 yuan in compensation on the grounds of imitating the well-known trademark and causing confusion in packaging and decoration. Attorney Liu Yuanyuan argued that: "EFGK" originated from a legally registered trademark, and the suffixes "GK" and "GH" were clearly differentiated, which could be easily distinguished by the general public and would not cause confusion; the packaging and decoration originated from a design patent and did not constitute "packaging and decoration with certain influence"; and Company B's authorization period was short, with low production volume and having ceased production long ago, so there was no basis for high compensation. The court partially adopted the argument, finding trademark infringement but rejecting the claim of unfair competition, and awarded Company B 50000 yuan in economic losses and 10000 yuan in reasonable expenses, totaling 60000 yuan, which was 920000 yuan lower than the plaintiff's claim. This case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe attorney (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 13 (cross-category protection of well-known trademarks), Article 14 (factors to be considered in the determination), and Article 57 (infringement circumstances) of the Trademark Law of the People's Republic of China (amended and implemented on April 23, 2019), as well as Article 6 (confusing acts) of the Anti-Unfair Competition Law of the People's Republic of China (amended and implemented on April 23, 2019). Practical suggestions: When discovering acts of free-riding on goodwill, promptly obtain notarized evidence and fix sales and promotional evidence; request the determination of well-known trademarks in the opposition or invalidation declaration procedures; claim cross-category injunctions and compensation in infringement lawsuits; and standardize their own authorization chains to avoid being sued. For cases involving defects in franchise authorization, relevant evidence can be combined with other materials to demonstrate the infringement of the franchisee's rights.Special services and other case servicesEvaluate the risks.

5. Henglu Law Firm's Reminder

The protection of well-known trademarks is a remedial measure rather than a universal shield. Enterprises should avoid the misconception of "emphasizing registration while neglecting actual use", and only by continuously preserving evidence of use and popularity can they gain support in disputes. If they find that their trademarks have been imitated, they should first send a warning letter to fix the evidence, and then choose administrative or litigation paths according to the situation. In the event of authorization disputes or cross-border infringements, it is recommended to consult professional lawyers as soon as possible and take comprehensive measures based on the specific circumstances.Intellectual property protection and corporate legal servicesWhen formulating a plan, it's crucial to avoid escalating conflicts on your own, as this might lead to a passive situation where you're forced to provide evidence in defense.

VI. Frequently Asked Questions

Q1: If a well-known trademark is imitated by others, can I win the lawsuit if I sue them?

Whether or not support can be obtained depends on whether the identification of a well-known trademark and the proof of confusion have been completed, rather than a mere promise of an outcome. According to Article 13 of the Trademark Law, copying or imitating a registered well-known trademark that is likely to cause confusion may be granted cross-class protection; however, if the evidence of popularity is insufficient and the differences between the alleged trademarks are obvious enough to avoid confusion, the claim may not be accepted. In similar cases handled by our firm, the court, upon determining that the well-known trademark has been established, supported the infringing part and reduced the excessive compensation. It is recommended to first assess the strength of the evidence of your own trademark's popularity before deciding whether to litigate, and never believe in unrealistic promises of victory.

Q2: To claim well-known trademark protection, what evidence do I need to prepare?

The core evidence includes: the trademark registration certificate and the approved use categories; sales contracts, invoices, and shipping records for products using the trademark continuously; proof of advertising and promotional efforts (such as media placements, exhibitions, and outdoor advertisements); records of having been awarded a famous trademark, well-known trademark, or administrative or judicial protection; physical samples of the alleged infringing products, web pages, and purchase notarizations; and reputation survey reports. The evidence should be organized around four key points: "high awareness, continuous use, extensive promotion, and previous protection." The more systematic the materials are, the higher the chances of success in the determination process. It is crucial not to claim cross-category protection solely based on the registration certificate.

Q3: How much do lawyers' fees and litigation costs amount to for protecting a well-known trademark?

The litigation fees are calculated in accordance with the "Measures for the Payment of Litigation Costs" based on the amount of the litigation request (usually the amount of the claim), and are borne by the losing party. In cases where the plaintiff partially wins and partially loses, the fees are shared proportionally. Lawyer's fees are related to the complexity of the case, the amount of the claim, and the lawyer's qualifications. They can be charged on a per-case, hourly, or percentage-of-the-claim basis, with the specific terms subject to the contract of engagement. There is no unified government pricing for these fees. Well-known trademark cases typically involve higher workloads than ordinary trademark cases due to the need to provide evidence of the trademark's popularity and conduct comparative analysis. It is recommended to clarify the fee calculation method and cap with the law firm before entrusting them with the case, and to evaluate the litigation benefits and costs based on the potential compensation before initiating the litigation.

Q4: How long does it usually take for a lawsuit regarding infringement of a well-known trademark to reach a conclusion?

The first-instance ordinary procedure generally concludes within six months, and the simplified procedure within three months; the identification of well-known trademarks often requires obtaining a large amount of evidence of popularity and may require applying for a suspension to wait for the administrative procedure, with a relatively longer cycle, and some cases spanning over a year. If the defendant appeals, the second-instance procedure generally takes three months. After the judgment takes effect, the enforcement process begins, and the time for recovering the payment depends on the other party's financial situation. Overall, it often takes several months to more than a year from filing the lawsuit to recovering the payment. It is recommended to apply for property preservation simultaneously during the litigation to prevent the infringer from transferring assets and shorten the actual time for obtaining compensation.

Q5: If I find that my trademark has been imitated, what should I do first?

It is recommended to follow a four-step approach: First, immediately conduct notarization or timestamp evidence collection for infringing products, webpages, and sales activities to fix the evidence of confusion; Second, sort out the registration, use, and popularity materials of your own trademark to preliminarily determine whether it meets the conditions for well-known trademark recognition; Third, send a warning letter to the infringer and demand that they stop the infringement, and at the same time, file a complaint with the e-commerce platform or regulatory authorities; Fourth, after evaluation, claim cross-category protection through prior rights objections, invalidation declarations, or infringement lawsuits. Throughout the process, keep records of communication and evidence collection, and if necessary, engage a lawyer to develop protection and claim strategies.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.