China well-known trademark refers to a trademark that has been recognized as a "well-known trademark" by a competent authority (the Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the people's court) according to legal procedures.

According to the Provisions on the Recognition and Protection of Well-known Trademarks promulgated by the State Administration for Industry and Commerce on April 17, 23, its meaning can be summarized as: a trademark which is widely known to the relevant public and enjoys a high reputation in China.

A well-known trademark is a trademark type officially recognized by the Trademark Office of the State Administration for Industry and Commerce of China, which is widely known to the public and enjoys a high reputation in China. The protection of well-known trademarks is not limited to the same or similar goods or services. When applying for registration or use of different or similar goods, they will not be registered and prohibited from being used. Therefore, well-known trademarks are given a wide range of exclusive rights. Moreover, the company name and website domain name of the "well-known trademark" holding enterprise will be protected by laws different from ordinary trademarks. Up to now, there are 1624 trademarks recognized as "well-known trademarks" in China, among which 98 are foreign brands.

1. The legitimate rights and interests of the exclusive right holder of a trademark have been illegally infringed, and only when this trademark is recognized as a well-known trademark can its legitimate rights and interests be effectively protected.

second, this trademark has a certain popularity among relevant people.

third, the parties have filed an application according to law.

1. It is pointed out in the Provisions on the Recognition and Protection of Well-known Trademarks that 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 goods or provide services marked by trademarks, and sellers and related personnel involved in distribution channels.

"Well-known trademarks" originated from the Paris Convention for the Protection of Industrial Property. According to international and domestic intellectual property laws and regulations, the well-known trademark system is created to fully protect the legitimate rights and interests of well-known trademark owners, and its purpose is to reasonably protect the ownership of related trademarks, maintain fair competition, and stop the infringement of others' trademark exclusive rights.

Well-known trademarks can bring huge economic benefits to enterprises, help enterprises to consolidate their position in the market economy, and resist a series of problems such as malicious cybersquatting and the influence of similar trademarks of different commodities. Therefore, enterprises in China have applied to identify their trademarks as well-known trademarks.

The so-called well-known trademark is relative to the infringement disputes involved, and its effectiveness of being protected as a well-known trademark also has a certain scope and intensity. Being recognized as a well-known trademark in this dispute does not mean enjoying the treatment of well-known trademarks in other infringement disputes. It does not mean that they are protected at any time and within the scope.

At present, China implements a dual-track system that can be recognized by both the administrative department and the people's court, but only if the parties make an application or request, and the application or request must be based on the damage of relevant rights and interests. The protection of well-known trademarks is also different from ordinary trademarks, which are limited to the same or similar goods. Well-known trademarks are protected across categories. As long as they are recognized as well-known trademarks, other enterprises are not allowed to use the well-known trademarks in any of their goods.

2. Administrative recognition: Most of the well-known trademarks in China have been recognized by the State Administration for Industry and Commerce (Trademark Office and Trademark Review and Adjudication Board). Compared with the people's courts, the proportion of well-known trademarks recognized by them is larger. When disputes arise in the process of trademark registration, use and review, the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board may, at the request of the parties concerned, determine whether their trademarks constitute well-known trademarks according to specific facts.

2-1: Certification by the Trademark Office: To apply for the certification of a well-known trademark, relevant materials must be submitted by the local industrial and commercial administrations of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as provincial industrial and commercial bureaus), and the provincial industrial and commercial bureaus will promptly submit the relevant application materials after preliminary examination and signing opinions to the Trademark Office of the State Administration for Industry and Commerce by mail. Finally, the Trademark Office of the State Administration for Industry and Commerce will determine whether the trademark is well-known.

when a dispute arises in the process of trademark registration, if the parties concerned think that their trademark constitutes a well-known trademark, they may also request the Trademark Office to determine that their trademark is well-known, and at this time, they shall submit evidence that their trademark constitutes a well-known trademark.

2-2: Identification by the Trademark Review and Adjudication Board: In case of a dispute in the trademark review process according to the provisions of the Trademark Law and Regulations, the parties concerned may request the Trademark Review and Adjudication Board to identify the well-known trademark, and at this time, the parties concerned shall submit evidence that their trademark constitutes a well-known trademark according to law.

2-3: confirmation by the people's court: in the trial of trademark disputes, the people's court may, according to the request of the parties and the specific circumstances of the case, make a legal determination on whether the registered trademark involved is well-known. The promulgation of two normative documents, the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Computer Network Domain Names and the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Trademarks, provided sufficient legal basis for the people's courts to identify well-known trademarks.

At present, many enterprises have recognized their trademarks as well-known trademarks through the new way of judicature, which to some extent reflects the enhancement of enterprise's trademark awareness and brand awareness, and has positive significance for enterprise's intellectual property rights protection; At the same time, judicial identification can be done in the local intermediate people's court, which makes the identification of well-known trademarks more convenient, so it has become the first choice for many enterprises. Identification

4-1

According to the provisions of the Trademark Law of China, the following factors should be considered when identifying a well-known trademark:

(1) the awareness of the trademark by the relevant public;

(2) the duration of the 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 well-known.

The Trademark Office and the Trademark Review and Adjudication Board should comprehensively consider the above factors when identifying a well-known trademark, but it is not based on the premise that the trademark must meet all the factors specified in this article.

Accordingly, the following materials can be used as evidence materials to prove that the trademark is well-known:

(1) Relevant materials to prove the public's awareness of 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 proving the duration, degree and geographical scope of any publicity work of the trademark, including the way of advertising and promotion activities, geographical scope, types of publicity media, advertising volume and other relevant materials;

(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 recent three years.

Up to now, the number of well-known trademarks recognized by the administration has reached nearly 1,.

4-2

If the court recognizes a well-known trademark, it shall do so in accordance with the above five factors for recognizing a well-known trademark. Where a party requests protection for a well-known trademark that has been recognized by the Trademark Office, the Trademark Review and Adjudication Board or the people's court, the other party has no objection to the well-known trademark involved, and the people's court will not review it. If an objection is raised, the people's court shall examine it in accordance with the five factors for identifying a well-known trademark.

In accordance with the Trademark Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes over Computer Network Domain Names published on July 17, 21 and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes over Trademark Rights published on October 12, 22, the people's courts, In accordance with the principles of case identification, passive identification and identification according to the needs of the case, on the basis of finding out the facts, and in strict accordance with Article 14 of the Trademark Law, whether the registered trademark involved is well-known is determined according to law and given strong protection. From July 21 to October 25, the people's court legally recognized 72 well-known trademarks such as Huaneng, Gome and Qizheng. Among them, among the 42 well-known trademarks recognized from January to October 25, 9 were owned by foreigners.

4-5

Well-known trademarks should be regarded as a system to prevent unfair competition, not as an honorary title and capital for advertising, and even more, in order to obtain this special "capital", we should not resort to fraud or even create trademark disputes that do not exist at all, in order to be recognized as well-known trademarks in litigation. Well-known trademarks are used to maintain fair competition, and they cannot be used as tools for unfair competition. This is the minimum business criterion.

< ; Supplement > ; At present, well-known trademarks are recognized in the following ways:

a. In the trademark objection procedure, the applicant shall apply to the Trademark Office for the recognition of well-known trademarks: that is, if the applicant thinks that the trademark preliminarily approved and announced by the Trademark Office is the same as or similar to the applicant's prior rights, he shall file an application for the recognition of well-known trademarks at the same time as filing an objection application.

B. In trademark dispute cases, an application for the recognition of a well-known trademark is submitted to the Trademark Review and Adjudication Board at the same time: that is, if the applicant thinks that another person's registered trademark violates the provisions of Article 13 of the Trademark Law, while requesting a ruling to revoke the registered trademark, he will submit relevant materials to prove that his trademark is well-known, and the Trademark Review and Adjudication Board will recognize his trademark as a well-known trademark.

C, in the process of administrative handling of trademark infringement, apply to the local administrative department for industry and commerce for the recognition of a well-known trademark: if the applicant thinks that the trademark used by others infringes on his exclusive right to use a trademark, he can submit a written request to the administrative department for industry and commerce at or above the city (prefecture) where the case occurred, and submit relevant materials about his well-known trademark.

D, in the civil litigation procedure of trademark infringement, apply to the local people's court at or above the intermediate level for the recognition of well-known trademarks.

certificate and its logo style