1. What are the criteria for the recognition of well-known trademarks? According to Article 14 of the "Trademark Law", the conditions for the recognition of well-known trademarks are as follows: (1) The relevant public's awareness of the trademark is based on the "Well-known Trademarks" According to Article 2, Paragraph 2 of the Provisions on Identification and Protection, the relevant public includes consumers related to a certain type of goods or services indicated by the trademark, other operators who produce the aforementioned goods or provide services, and those involved in the distribution channels. Sellers and related personnel, etc. For example, the goods or services using a certain trademark belong to the field of computer information technology, and the degree of awareness of the trademark by many people associated with the field of computer information technology is the "degree of awareness of the trademark by the relevant public." (2) The duration of use of the trademark. The main way for trademark rights holders to utilize and exercise their exclusive rights is to use their trademarks. Regardless of whether a trademark is registered or not, only by using it can its value be reflected in transactions and the intangible property rights of the trademark be transformed into material wealth. For unregistered trademarks, only continuous use can reflect the existence of the trademark, and it is possible to generate distinctiveness through use, thereby creating visibility among the relevant public. Otherwise, the public will have no way of understanding the trademark, let alone becoming well-known. For registered trademark rights holders, using the trademark is their obligation. According to the provisions of Article 3, Item 2 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials proving the duration of use of the trademark include relevant materials regarding the history and scope of use and registration of the trademark. (3) The duration, extent and geographical scope of any publicity work for the trademark. By understanding the duration, extent and geographical scope of any publicity work for a trademark, we can know more clearly the public awareness of the trademark in a certain area. degree. In accordance with the provisions of Article 3, Item 3 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including the methods, geographical scope, and publicity of advertising and promotional activities Types of media, amount of advertising, and other relevant materials. (4) Records of the trademark being protected as a well-known trademark If a trademark has been protected as a well-known trademark abroad, the owner of the trademark can also provide various supporting documents that identify the trademark as a well-known trademark. These documents also play an important reference role in identifying well-known trademarks in my country. According to the provisions of Article 3, Item 4 of the "Provisions on the Recognition and Protection of Well-known Trademarks", relevant materials proving that the trademark is protected as a well-known trademark, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions . 2. How to identify well-known trademarks? Well-known trademarks refer to trademarks that are widely known to the relevant public in China and enjoy a high reputation. The relevant public includes consumers related to the certain type of goods or services marked by the trademark, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in the distribution channels. The following materials can be used as evidence to prove that a trademark is well-known: (1) Relevant materials that prove the relevant public’s awareness of the trademark; (2) Relevant materials that prove the duration of use of the trademark, including the history and scope of use and registration of the trademark Relevant materials; (3) Relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including the methods of advertising and promotional activities, geographical scope, types of publicity media and the amount of advertising; ( 4) Relevant materials proving that the trademark is protected as a well-known trademark, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions; (5) Other evidential materials proving that the trademark is well-known, including use of the trademark The output, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the trademark's main products in the past three years. If the party concerned believes that another person's trademark that has been preliminarily reviewed and announced violates the provisions of Article 13 of the Trademark Law, he may file an objection with the Trademark Office in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials proving that his trademark is well-known. First of all, to become a well-known trademark, it must be a registered trademark.
In fact, the protection of registered trademarks in my country still has certain regional characteristics, but if it is recognized as a well-known trademark, it is equivalent to providing more legal protection nationwide. Nowadays, although there are many cases of trademark infringement, because well-known trademarks are more famous and can bring more benefits, there are relatively more cases of well-known trademark infringement.