Article 13  Where a trademark in respect of which the application for registration is filed for use for identical or similar goods is a reproduction, imitation or translation of another person's well-known trademark not registered in China and likely to cause confusion, it shall be rejected for registration and prohibited from use. 

        Where a trademark in respect of which the application for registration is filed for use for non-identical or dissimilar goods is a reproduction, imitation or translation of the well-known mark of another person that has been registered in China, misleads the public and is likely to create prejudice to the interests of the well-known mark registrant, it shall be rejected for registration and prohibited from use.

        Article 14  Account shall be taken of the following factors in establishment of a well-known mark: 

        (l) reputation of the mark to the relevant public; 

        (2) time for continued use of the mark; 

        (3) consecutive time, extent and geographical area of advertisement of the mark; 

        (4) records of protection of the mark as a well-known mark; and 

        (5) any other factors relevant to the reputation of the mark.

        In the procedure of examining a trademark registration or investigating and prosecuting trademark infringement, the Trademark Office may recognize a trademark as a well-known trademark. When handling a trademark invalidation case, the Trademark Review and Adjudication Board may recognize a trademark as a well-known trademark. In hearing a trademark civil or administrative case, the court designated by the Supreme People’s Court may recognize a trademark as a well-known trademark on the case-by-case basis.

        Producers and business operators shall not use the words "well-known trademark" on commodities, commodity packages or containers, or in advertising, exhibitions or other commercial activities.