1. Application for well-known trademark recognition refers to the situation when the trademark owner believes that the trademark used by others falls under the provisions of Article 13 of the "Trademark Law" and requests to protect his well-known trademark, he can apply to the local industrial and commercial bureau. Make a written request for prohibition of use and submit relevant materials proving that the trademark is well-known.

1. After receiving an application for the protection of a well-known trademark in the course of trademark management, if the case falls under the circumstances stipulated in Article 13 of the Trademark Law, it shall be accepted; if the case is considered not to fall under this circumstance, , should be handled in a timely manner in accordance with the relevant provisions of the Trademark Law and the Implementing Regulations;

2. For cases falling under the circumstances specified in Article 13 of the "China Trademark Law", the case shall be handled within 10 days from the date of accepting the request of the party concerned. Within five working days, all case materials will be submitted to the provincial industrial and commercial bureau (which will then submit it to the National Trademark Office);

3. If the national trademark office recognizes a well-known trademark, it should be Handle the case in accordance with Article 13 of the Trademark Law and Article 45 of the Implementing Regulations of the Trademark Law;

4. The party requires the Industrial and Commercial Administration to protect its trademark in accordance with Article 13 of the Trademark Law, and Cases that provide records of the trademark being protected as a well-known trademark by the relevant competent authorities in my country, if the scope of protection in this case is basically the same as that of the case in which the trademark has been protected as a well-known trademark, and the other party has no objection to the trademark being well-known, or Although there is an objection, if no evidence can be provided to prove that the trademark is not well-known, the Industry and Commerce Bureau may make a ruling or handle the case based on the conclusion of the protection record. However, if the scope of protection of the case accepted is different from that of a case that has been protected as a well-known trademark, or if the other party has objections to the trademark being well-known and provides evidence that the trademark is not well-known, it should be reported to the state in accordance with the above procedures. The Trademark Office or the Trademark Review and Adjudication Board shall re-identify.

Two conditions: The enterprise applying for a well-known trademark should be a provincial famous trademark recognized by the Provincial Administration for Industry and Commerce.

The trademark has high visibility and good reputation. Investigation based on the conditions stipulated in the "Provisions on the Recognition and Protection of Well-known Trademarks":

(1) Sales volume and sales area of ??goods using the trademark in China;

(2) Use The economic indicators (annual output, sales, profits, market share, etc.) of the trademarked goods in the past three years and their ranking in the same industry in China;

(3) The goods using the trademark are Sales volume and sales area in foreign countries (regions);

(4) Advertising status of the trademark;

(5) The earliest use and continuous use time of the trademark;

(6) The registration status of the trademark in China and foreign countries (regions);

(7) Other evidence that the trademark is well-known.

The newly revised Trademark Law stipulates that the following factors should be considered in determining a well-known trademark:

(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;

Three: Recognition Procedure

Application materials that an enterprise must submit when applying for a well-known trademark

When an enterprise applies for the recognition of a well-known trademark, it should submit an application report for the recognition of a well-known trademark, and in the report it must provide evidence that its trademark rights and interests have been damaged.

At the same time, the "Application Form for Well-known Trademark Recognition" should be filled out truthfully and the corresponding supporting materials should be provided, mainly including:

1. A copy of the business license of the applicant for well-known trademark recognition;

2. If the applicant for well-known trademark recognition entrusts a trademark agency to act as an agent, a letter of authorization signed by the applicant or an entrustment agreement (contract) signed by the applicant and the trademark agency shall be provided;

3. Use the The main economic indicators of the trademark’s main goods or services in the past three years

4. The sales or operation status and regions of the main goods or services using the trademark at home and abroad;

5. The registration status of the trademark at home and abroad;

6. The advertising release of the trademark in recent years;

7. The earliest use and continuous use time of the trademark;

8. Other documents proving that the trademark is well-known.

Reference materials According to the latest "Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving the Protection of Well-known Trademarks" adopted at the 1467th meeting of the Judicial Committee of the Supreme People's Court on April 22, 2009 [Legal Interpretation ( 2009) No. 3] and the "Details for the Recognition of Well-known Trademarks" of the People's Republic of China and the State Administration for Industry and Commerce of the People's Republic of China (Gongshizi (2009) No. 81].

my country's current "Trademark Law" Article 13