If a party considers that another person's registered trademark belongs to the prescribed circumstances, it may request the Trademark Review and Adjudication Board to make a ruling to revoke the registered trademark according to law, and submit relevant materials to prove that its trademark is well-known.
In the work of trademark management, if the parties think that the trademark used by others belongs to the prescribed circumstances, they may submit a written request to the administrative department for industry and commerce at or above the city where the case occurred, and submit relevant materials to prove that the trademark is well-known. At the same time, send a copy to the local provincial administrative department for industry and commerce.
The evidential materials that can prove the well-known trademark include:
(1) Relevant materials proving that the trademark is known to the public;
(2) Relevant materials proving the service life of the trademark, including the history and scope of the use and registration of the trademark;
(3) Relevant materials proving the duration, degree and geographical scope of any publicity work of the trademark, including the way, geographical scope, type of publicity media and advertising amount of advertising and promotion activities;
(4) Relevant materials proving that the trademark is protected as a well-known trademark, including relevant materials that the trademark is protected as a well-known trademark in other countries and regions;
(5) Other evidential materials to prove that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main commodities using the trademark in the last three years.
When a party requests to protect its trademark according to law, it may provide a record that the trademark has been protected as a well-known trademark by the relevant competent department of China.