Well-known trademark is a proprietary legal concept, which refers to a trademark that enjoys a high reputation in the market, is well-known to the relevant public, and has strong competitiveness.

In my country, a well-known trademark refers to a trademark that has been recognized as a "well-known trademark" by the competent authority (Trademark Office of the State Administration for Industry and Commerce or the People's Court) in accordance with legal procedures.

Benefits of being recognized as a well-known trademark

(1) Fight against malicious registration;

(2) Fight against the impact of the same (similar) trademark on different products;

(3) It is easier to identify similar trademarks;

(4) When investigating criminal cases of counterfeit trademarks, there is no limit on the amount of the case;

(5) Prevent other companies from registering company names with well-known trademarks;

(6) Avoid domain name registration problems in e-commerce.

Criteria for the recognition of well-known trademarks

Article 14 of the Trademark Law of the People's Republic of China stipulates that well-known trademarks shall be used as a basis for handling trademark cases at the request of the parties. determine the facts ascertained. The following factors should be considered when 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;

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

(5) The Other factors that make a trademark famous.

The ways of identifying well-known trademarks

The identification of well-known trademarks in my country is divided into two ways: administrative identification and judicial identification.

Administrative determination

1. Determination in trademark opposition

Determination authority: Trademark Office

Legal basis: "Well-known Trademark Recognition and "Provisions on Protection" (Order No. 5 of the State Administration for Industry and Commerce, April 17, 2003), Article 4, Paragraph 1, where the party believes that another person's trademark that has been preliminarily reviewed and announced violates the provisions of Article 13 of the Trademark Law.

2. Recognition in trademark disputes

Recognition authority: Trademark Review and Adjudication Board

Legal basis: "Provisions on the Recognition and Protection of Well-known Trademarks" (National Administration for Industry and Commerce General Administration Order No. 5 (April 17, 2003), Article 4, Paragraph 2, where the party believes that a trademark that has been registered by others violates the provisions of Article 13 of the Trademark Law.

3. Recognition in trademark management

Recognition authority: Trademark Office

Legal provisions: "Regulations on the Recognition and Protection of Well-known Trademarks" (State Administration for Industry and Commerce Order No. 5 April 17, 2003)

Judicial Determination

1. Determination in the trial of trademark infringement cases

Determination authority: the people who heard the case Court

Legal provisions: The Supreme People's Court's Interpretation on Several Issues concerning the Application of Law in the Trial of Civil Trademark Dispute Cases (Adopted at the 1246th Meeting of the Judicial Committee of the Supreme People's Court on October 12, 2002, Legal Interpretation (2002) No. 32 ) Article 22: When hearing trademark dispute cases, the People's Court may, based on the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known in accordance with the law. The identification of well-known trademarks shall be carried out in accordance with the provisions of Article 14 of the Trademark Law.

2. Determination in the trial of domain name infringement cases

Determination authority: the People’s Court hearing the case

Legal provisions: The Supreme People’s Court’s decision on trials involving computer networks Interpretation of Several Issues on the Applicable Law in Domain Name Civil Dispute Cases (Adopted by the Supreme People’s Court Judicial Committee at its 1182nd Meeting on June 26, 2001, Fa Interpretation (2001) No. 24) Article 6 The People’s Court hearing domain name dispute cases shall, according to the request of the parties and Depending on the specific circumstances of the case, whether the registered trademark involved is well-known can be determined in accordance with the law.

Materials required for recognition of well-known trademarks

When an enterprise applies for recognition of a well-known trademark, it should submit an application report for recognition of a well-known trademark, in which 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 certification materials for applying for well-known trademarks should be provided.

(1) Applicant’s main qualification certification materials. Including corporate business license, tax registration certificate, organization code certificate, legal representative certificate, trademark registration certificate, etc. If it is a special industry, special industry business licenses are required, including health license, audio and video products business license, tobacco monopoly license, salt retail license, alcohol business license, publication business license, etc. and management certification certificate;

(2) If you entrust a trademark agency to act as an agent, the agency should provide a power of attorney signed by the applicant or an agency agreement signed by both parties;

(3) If you use the trademark The main economic indicators of the main goods or services in the past three years (including annual output, sales, market share, profit, etc.);

(4) The popularity of the main goods or services using the trademark at home and abroad Sales or operating conditions and regions;

(5) The trademark’s advertising status in recent years;

(6) The trademark’s registration status at home and abroad;

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

(8) Other supplementary documents proving the trademark’s fame.