According to the second paragraph of Article 2 of the Provisions on the Recognition and Protection of Well-known Trademarks, the relevant public includes consumers related to the use of certain goods or services marked by trademarks, other operators and sellers who produce the above-mentioned goods or provide services, and relevant personnel involved in distribution channels. For example, goods or services using a trademark belong to the field of computer information technology, and the degree of knowledge of the trademark by many people associated with the field of computer information technology is "the degree of knowledge of the trademark by the relevant public". Many people who have nothing to do with the field of computer information technology know or don't know the trademark, which does not affect that the trademark is recognized as a well-known trademark. In other words, being well-known doesn't mean being known by everyone or having a high reputation among all the public, but it means being well-known among relevant consumers, that is, it doesn't have to be "widely known".
2. The term of use of the trademark
The main way for trademark owners to use and exercise the exclusive right to use trademarks is to use their trademarks. No matter whether the trademark is registered or not, only the use can reflect its value in the transaction and transform the intangible property right of the trademark into material wealth. For unregistered trademarks, only continuous use can reflect the existence of their trademarks, and it is possible to generate distinctiveness through use, thus generating popularity among the relevant public. Otherwise, the public will not know these trademarks, let alone well-known trademarks. For registered trademark owners, it is their obligation to use trademarks. Therefore, it is very necessary to take the service life of a trademark as a factor in identifying a well-known trademark. According to the second paragraph of Article 3 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials proving the service life of the trademark, including the history and scope of the use and registration of the trademark.
3. The duration, degree and geographical scope of any publicity work on trademarks.
In today's increasingly fierce market competition, both the producers of goods and the operators of services take the promotion of their products as the top priority, and the publicity efforts are also increasing. Especially with the development of communication technology and information network technology, the publicity effect of TV, radio, internet, newspapers and other publicity media is becoming more and more obvious. Many people's understanding of a brand (trademark) comes from various advertisements of manufacturers or operators. Therefore, by knowing the duration, degree and geographical scope of any publicity work of a trademark, we can clearly know the public awareness of the trademark in a certain area. According to Item 3 of Article 3 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials to prove the duration, degree and geographical scope of any publicity work of the trademark, including advertising and promotion activities, geographical scope, types of publicity media, advertising volume and other relevant materials.
4. The record that the trademark is protected as a well-known trademark.
If a trademark has been protected as a well-known trademark in China, the trademark owner can provide relevant documents, which is of great reference value for judging whether the trademark has a well-known trademark. If a trademark has been protected as a well-known trademark abroad, the trademark owner can also provide various supporting documents to identify the trademark as a well-known trademark. These documents also play an important reference role in the identification of well-known trademarks in China. According to Item 4 of Article 3 of the Provisions on the Recognition and Protection of Well-known Trademarks, the relevant materials that prove that the trademark is protected as a well-known trademark include the relevant materials that the trademark is protected as a well-known trademark in China or other countries and regions.
5. Other factors that make the trademark famous.
This clause is a comprehensive clause to meet the actual needs of developing well-known trademark protection. According to Item 5 of Article 3 of the Provisions on the Recognition and Protection of Well-known Trademarks, 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 related materials of the main commodities that used the trademark in recent three years.