When some enterprises have their Chinese trademarks recognized as “well-known trademarks,” their first reaction is often: “Finally, we can use this for advertising!” However, this way of thinking reflects a serious misunderstanding of China’s Trademark Law.
In fact, Chinese trademark law not only prohibits using “well-known trademarks” for promotional purposes but also explicitly classifies it as an absolute red line that must not be crossed. Crossing this line not only fails to achieve the desired promotional effect but may also result in severe penalties from regulatory authorities. Today, PUYIZHICHAN will conduct an in-depth analysis of the legal logic and key compliance considerations behind this issue.
I. Understanding the Essence
In China, a trademark is recognized as a well-known trademark by the relevant authorities only when disputes over rights or infringement arise during the application or actual use of the trademark. Such recognition grants the trademark special legal protection across different classes and scopes. Simply put, in China, a well-known trademark serves as a “shield for rights protection,” not a “badge of honor for publicity.” The recognition is intended to resolve trademark disputes and cannot be used for commercial marketing or hype.
II. The Legal Red Line
During the third amendment to China’s Trademark Law in 2013, specific restrictive provisions regarding the use of well-known trademarks were introduced. This is now enshrined in Article 14, Paragraph 5 of the current Trademark Law, which establishes a mandatory prohibition: “Producers and operators shall not use the words ‘well-known trademark’ on goods, on the packaging or containers of goods, or in advertisements, exhibitions, or other commercial activities.”
This provision has no exceptions. Regardless of whether an enterprise’s trademark has been previously recognized as well-known by a competent authority, it must not, in any form, prominently use the terms “well-known trademark” or “China well-known trademark” in commercial contexts. Since the implementation of this legal provision, the market’s understanding of well-known trademarks has gradually become more rational. However, violations involving unauthorized promotional use still occur occasionally, making this a key area of focus for regulatory enforcement.
III. Intensified Supervision
Since the implementation of the law, market perception of well-known trademarks has gradually become more rational. However, some enterprises, after their trademarks are recognized as well-known, still engage in the unauthorized practice of prominently displaying terms such as “China Well-known Trademark” on their official websites, social media, offline display boards, product packaging, and other channels to promote their goods and attract consumers. Such actions constitute a violation of the Trademark Law and have become a key target for regulatory scrutiny.
At the end of 2025, the China National Intellectual Property Administration issued the “Notice on Strengthening the Administration of Trademark Use,” which designated the improper advertising of well-known trademarks with recognition records as a key compliance focus. This notice signals that regulatory authorities will continue to rigorously investigate and address the improper use of “well-known trademarks” in various commercial contexts.
IV. Recommendations
Here, PUYIZHICHAN offers two compliance recommendations for enterprises:
- Comprehensively Audit “Commercial Use” Scenarios: Immediately conduct a thorough review of all media that directly face consumers or clients. This includes: product packaging (inner and outer), instruction manuals, hang tags; official websites, e-commerce platform product detail pages, social media posts; offline store posters, lightboxes, promotional flyers; and exhibition booth materials, PPT presentations, video advertisements, etc. Ensure that the term “well-known trademark” no longer appears in any of the aforementioned commercial promotional contexts.
- Shift Your Advertising Mindset: Stop focusing on this “title.” Your advertising language should center on “sales volume,” “technology,” “reputation,” and “quality”—these are the substantive strengths that truly resonate with consumers.
V. Conclusion
PUYIZHICHAN’s final reminder: Using “well-known trademarks” for advertising in Chinese commercial activities not only contradicts the legislative intent of the well-known trademark system but also constitutes a clear violation of trademark law. Enterprises must establish a culture of compliant operations and strictly adhere to the legal boundaries of trademark use to mitigate legal risks and achieve healthy, long-term brand development.
