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What are the conditions for the recognition of well-known trademarks?
1. What are the conditions 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 degree of awareness of the trademark by the relevant public, according to Article 2, paragraph 2, of the Provisions on the Recognition and Protection of Well-known Trademarks, includes consumers related to the use of certain goods or services marked by trademarks, other operators who produce the above-mentioned goods or provide services, and sellers and related personnel involved in distribution channels. For example, the 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". (II) Duration of use of the trademark The main way for the trademark owner to use and exercise the exclusive right to use the trademark is to use its trademark. No matter whether a 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 produce distinctiveness through use, thus generating popularity among the relevant public. Otherwise, the public will not know about the trademarks, let alone be well-known. For registered trademark owners, the use of trademarks is their obligation. According to Item 2 of Article 3 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials to prove the duration of the use of the trademark, including the history and scope of the use and registration of the trademark. (III) Duration, degree and geographical scope of any publicity work of the trademark 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 that prove the duration, degree and geographical scope of any publicity work of the trademark, including relevant materials such as advertising and promotion activities, geographical scope, types of publicity media and advertising volume. (4) Records of the protection of the trademark as a well-known trademark If a trademark has been protected as a well-known trademark abroad, then the trademark owner can also provide all kinds of certification documents for identifying the trademark as a well-known trademark. These documents also have 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, relevant materials proving that the trademark was protected as a well-known trademark include relevant materials that the trademark was protected as a well-known trademark in China or other countries and regions. Second, how to identify well-known trademarks A well-known trademark refers to a trademark that is widely known to the relevant public and enjoys a high reputation in China. Relevant public includes consumers related to the use of certain goods or services marked by trademarks, other operators who produce the above-mentioned goods or provide services, and sellers and related personnel involved in distribution channels. The following materials can be used as evidence to prove that a trademark is well-known: (1) relevant materials to prove the awareness of the relevant public about the trademark; (2) Relevant materials proving the duration of the use of the trademark, including the history and scope of the use and registration of the trademark; (3) Relevant materials to prove the duration, degree and geographical scope of any publicity work of the trademark, including relevant materials such as the way of advertising and promotion 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 was protected as a well-known trademark in China or 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 past three years. If a party considers that a trademark preliminarily examined and announced by others violates the provisions of Article 13 of the Trademark Law, it may lodge an objection to the Trademark Office in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials to prove that its trademark is well-known. First of all, to become a well-known trademark, then the inevitable premise must have been a registered trademark. In fact, the protection of registered trademarks in China still exists in a certain region, 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, well-known trademarks are more famous and can bring more benefits, so there are relatively more cases of infringement of well-known trademarks.