A well-known trademark refers to a trademark that is widely known to the relevant public in China and enjoys a high reputation. The relevant public includes consumers related to the certain type of goods or services marked by the trademark, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in the distribution channels.

Factors that 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;

< p>(5) Other factors that make the trademark famous.

Can be used as evidence to prove the trademark is well-known

(1) Relevant materials proving the relevant public’s awareness of the trademark;

(2) Proving the trademark Relevant materials on the duration of use, including the history and scope of use and registration of the trademark;

(3) Relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, Including relevant materials such as the methods of advertising and promotional activities, geographical scope, types of publicity media, and the amount of advertising;

(4) Relevant materials proving that the trademark is protected as a well-known trademark, including the trademark Relevant materials that have been protected as well-known trademarks in China or other countries and regions;

(5) Other evidence proving that the trademark is well-known, including the production and sales of the main products using the trademark in the past three years Volume, sales revenue, profits and taxes, sales area and other relevant materials.

In accordance with the provisions of the Trademark Law and Implementing Regulations, when a dispute arises during the trademark registration or trademark review process, if the relevant party believes that its trademark constitutes a well-known trademark, it may request the Trademark Office or the Trademark Review and Adjudication Board to determine the well-known trademark accordingly. Trademark, reject an application for trademark registration that violates Article 13 of the Trademark Law or cancel a trademark registration that violates Article 13 of the Trademark Law. When the relevant party files an application, it shall submit evidence proving that its trademark constitutes a well-known trademark.

At the request of the parties, the Trademark Office and the Trademark Review and Adjudication Board will determine whether the trademark constitutes a well-known trademark on the basis of ascertaining the facts and in accordance with Article 14 of the Trademark Law.

Well-known trademarks come from the Paris Convention for the Protection of Industrial Property, which stipulates that member states should be responsible for providing greater protection to well-known trademarks than ordinary trademarks. Well-known trademarks can only be recognized by the State Administration for Industry and Commerce. , unless recognized by it, it cannot be called a "well-known trademark"; well-known trademarks are protected by corresponding laws and regulations, which can effectively prohibit improper use by others. According to the "Three Certainties" plan of the State Administration for Industry and Commerce approved by the State Council. As well as the "Regulations on the Recognition and Protection of Well-known Trademarks", the well-known trademarks are recognized and managed by the Trademark Office and the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce.