Article 14 of the Trademark Law stipulates that the following factors should be considered when identifying well-known trademarks: (1) the degree of awareness of trademarks by the relevant public; (2) the term of use of the trademark; (3) the duration, degree and geographical scope of any publicity work of the trademark; (4) The record that the trademark is protected as a well-known trademark; (5) Other factors that make the trademark famous. Thus, as long as it is proved that the above conditions are met, an unregistered trademark can apply for recognition as a well-known trademark.

Three ways to apply for the recognition of well-known trademarks;

1. If it is determined by the Trademark Office of the State Administration for Industry and Commerce that it is necessary to apply for the recognition of a well-known trademark, the local administrations for industry and commerce of the provinces, autonomous regions and municipalities directly under the Central Government must submit relevant materials, and the provincial administrations for industry and commerce will promptly mail the relevant application materials that have been preliminarily approved and signed to the Trademark Office of the State Administration for Industry and Commerce, and finally the Trademark Office of the International Administration for Industry and Commerce will determine whether the trademark is a well-known trademark.

2. If the Trademark Review and Adjudication Board determines that there is a dispute in the process of trademark review and adjudication according to the provisions of the Trademark Law and relevant laws and regulations, the parties concerned may request the Trademark Review and Adjudication Board to identify a well-known trademark. At this point, the parties shall submit evidence that their trademarks constitute well-known trademarks according to law.

3, through the people's court, the people's court in the trial of trademark disputes, according to the request of the parties and the specific circumstances of the case, according to the law that the registered trademark involved is a well-known trademark.