Abstract: China’s Well-known Trademark is an officially recognized trademark type. It is also one of the highest honors a brand can receive. So what materials are needed to apply for recognition of China’s well-known trademarks? According to the provisions of the "Regulations on the Recognition and Protection of Well-known Trademarks" and the "Working Rules for the Recognition of Well-known Trademarks" issued by the State Administration for Industry and Commerce, let's take a look at what materials we need to prepare for application materials! What does China's well-known trademark mean? A well-known trademark is a type of trademark officially recognized by the competent authority (Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the People's Court) based on the application of the enterprise. It is widely known and enjoyed by the public in China. Higher reputation. Becoming a well-known trademark in China means that the company's service, product quality, and company's reputation are guaranteed to a certain extent.

How to identify well-known trademarks in China? Due to the huge value of well-known trademarks, a dual-track system has been implemented for the identification of well-known trademarks in China for a long time. That is, both the Chinese administrative departments and the people's courts can identify well-known trademarks in China, but the application or request must be made by the party concerned. The premise is that the application or request must be based on the damage to relevant rights and interests.

If you want to apply for recognition of a well-known trademark through the Trademark Office, you must submit relevant materials through the local industrial and commercial administration bureau of the province, autonomous region, or municipality directly under the Central Government (hereinafter referred to as the provincial industrial and commercial bureau), and each provincial industrial and commercial bureau will pass the application. The relevant application materials with preliminary review and signed opinions will be submitted to the Trademark Office of the State Administration for Industry and Commerce in a timely manner by mail. Finally, the Trademark Office of the State Administration for Industry and Commerce will determine whether the trademark is well-known.

Determination by the Trademark Review and Adjudication Board. In accordance with the provisions of the Trademark Law and Regulations, when a dispute arises during the trademark review process, if the relevant party believes that its trademark constitutes a well-known trademark, it may request the Trademark Review and Adjudication Board to recognize a well-known trademark. In this case, When doing so, the relevant parties shall submit evidence proving that their trademark constitutes a well-known trademark in accordance with the law.

Determination by the People's Court When hearing trademark dispute cases, the People's Court may determine whether the registered trademark involved is well-known in accordance with the law based on the request of the parties and the specific circumstances of the case. The promulgation of two normative documents, "The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names" and the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes involving Trademarks", have provided the People's Court with Well-known trademarks provide sufficient legal basis.

Chinese well-known trademark application conditions need to be emphasized that under normal circumstances, Chinese well-known trademarks cannot be directly applied for recognition. It is more of a passive protection method. That is, when an enterprise discovers that its trademark has been infringed or imitated, it can only be determined by administrative agencies or courts as facts that need to be determined in handling trademark cases. At this time, when determining a well-known trademark in a trademark case, you need to consider:

1. The degree of awareness of the trademark by the relevant public;

2. The duration of use of the trademark;

3. The duration, extent and geographical scope of any publicity work for the trademark;

4. The record of the trademark being protected as a well-known trademark;

5. The trademark Other factors that make you famous.

Note: Manufacturers and operators are not allowed to use the words "well-known trademark" on goods, product packaging or containers, or in advertising, exhibitions and other commercial activities. Well-known trademarks may only play a role in the dispute resolution process to prove to prevent others from preemptively registering or to prove the subjective malice of the trademark infringer.

China's well-known trademark application materials In view of the above five major factors that should be considered in the newly revised "Trademark Law" to identify well-known trademarks, enterprises need to prepare the following evidence materials:

1. Prove relevant Information on the public’s awareness of the trademark.

2. Materials proving the duration of use of the trademark, such as the history and scope of use and registration of the trademark. If the trademark is an unregistered trademark, materials proving that the trademark has been used for no less than five years should be provided. If the trademark is a registered trademark, materials proving that it has been registered for no less than three years or has been continuously used for no less than five years should be provided.

3. Materials proving the duration, extent and geographical scope of any publicity work for the trademark, such as the methods, geographical scope, types of publicity media and the amount of advertising in the past three years and other materials.

4. Materials proving that the trademark has been protected as a well-known trademark in China or other countries and regions.

5. Other evidence materials proving that the trademark is well-known, such as the sales revenue, market share, net profit, tax amount, sales area and other materials of the main products using the trademark in the past three years.

The "three years" and "five years" mentioned in the preceding paragraph refer to the three years and five years before the date of the trademark registration application against which the objection was raised and the date of the trademark registration application against which the request for invalidation was made. As well as three and five years before the date of filing a request for well-known trademark protection in trademark violation cases.

What materials are needed to identify well-known trademarks in China? 51Dongshi Editor In order to improve the success rate of enterprises applying for well-known trademarks, in accordance with the provisions of the "Well-known Trademark Recognition and Protection Regulations" and the "Well-known Trademark Recognition Work Rules" issued by the State Administration for Industry and Commerce , compiled some more detailed application materials. Note that not all companies applying for well-known trademarks need to have the following information, and the lack of certain materials does not necessarily affect the recognition of well-known trademarks.

Materials about the development process and scale of the well-known trademark applicant 1. The applicant’s evolution;

2. Copies of the applicant’s business license at each stage of the applicant’s development process;

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3. A copy of the certificate proving the size of the applicant.

Evidence proving the earliest use and continuous use of the applied trademark 1. A copy of the evidence that the applied trademark was first used in ** year;

2. The applied trademark was approved in ** year A copy of the registration certificate;

3. A description of the creativity and connotation of the applied trademark;

4. Evidence of continuous use of the applied trademark.

Materials about the registration status of the applied trademark at home and abroad 1. The domestic registration status of the applied trademark;

2. The domestic application status of the applied trademark;

3. The application for registration of the trademark applied for in foreign countries (regions);

4. The registration status of the applicant’s other trademarks.

Materials reflecting the ranking of products using the applied trademark in the past three years 1. Applicant’s balance sheet and profit and loss statement in the past three years;

2. Products using the applied trademark in the past three years Product production and sales statistics table;

3. The ranking of the applicant's main economic indicators in the same industry nationwide;

4. The applicant's adoption of quality standards.

Materials about the domestic and foreign sales of goods using the applied trademark 1. The applicant’s domestic sales network;

2. The domestic sales and evidence of the products applying for the trademark Copy;

3. Copies of sales status and evidence of the product for which the trademark is applied for in foreign countries.

Materials about the advertising of trademark applications 1. A list of the total advertising investment for trademark applications in the past three years;

2. The situation of trademark application advertisements released in some media in xx year and Copies of evidence;

3. Some advertising pictures and evidence;

4. Other publicity for the trademark application (such as exhibitions, the Internet, etc.).

Other evidence that the applied trademark is well-known 1. A copy of the certificate that the applied trademark is recognized as the "xx famous trademark";

3. Proof that the products using the applied trademark are of excellent quality;

3. Evidence of corporate reputation and awards;

4. Evidence that corporate performance has been paid attention to and affirmed by leaders at all levels, people from all walks of life and the media.

Legal appeal materials that have applied for recognition of well-known trademarks for the applied trademark 1. Evidence that others have infringed the exclusive right to apply for the trademark and were investigated and punished;

2. Others have used the same or similar goods or services Evidence that the registered trademark is similar to the applied trademark;

3. Evidence that the applied trademark is used and registered by others for non-similar goods or services;

4. The applied trademark is used by others

5. Evidence that the applied trademark has been registered overseas;

6. Evidence that the domain name of the applied trademark has been registered on the Internet.