Refers to trademarks that have been recognized as "well-known trademarks" by the competent authorities (Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the People's Court) in accordance with legal procedures.
To apply for recognition of a well-known trademark, relevant materials must be submitted through the industrial and commercial administration bureau of the province, autonomous region, or municipality directly under the Central Government (hereinafter referred to as the provincial industrial and commercial bureau). The provincial industrial and commercial bureau will go through preliminary review and sign an opinion. The relevant application materials shall be submitted to the Trademark Office of the State Administration for Industry and Commerce in a timely manner by mail. Finally, the Trademark Office of the State Administration for Industry and Commerce shall determine whether the trademark is well-known.
According to the provisions of China’s Trademark Law, 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;
(4) The trademark is a well-known trademark Protected records;
(5) Other factors that make the trademark famous.
When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the above factors, but this does not assume that the trademark must meet all the factors stipulated in this article.
Correspondingly, the following materials can be used as evidence to prove that a trademark is well-known:
(1) Relevant materials proving the relevant public’s awareness of the trademark;
(2) Relevant materials proving the duration of use of the trademark, including the history and scope of use and registration of the trademark;
(3) Proving the duration, extent and scope of any publicity work for the trademark Relevant materials on the geographical scope, including the methods of advertising and promotion activities, geographical scope, types of promotional media, and the amount of advertising; (4) Records proving that the trademark is protected as a well-known trademark Relevant materials, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions;
(5) Other evidence materials proving that the trademark is well-known, including the main products using the trademark recently Three years of production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials.