The identification of well-known trademarks in my country is based on different legal claims, using two methods: administrative identification and judicial identification. The identification agencies include: (1) Trademark Office of the State Administration for Industry and Commerce, (2) Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, (3) People's Courts at intermediate or above levels. Administrative recognition of well-known trademarks: 1. According to the Trademark Law and relevant administrative regulations, the recognition of well-known trademarks is through regular and unified recognition by the Trademark Office of the State Administration for Industry and Commerce. The principle of well-known trademark recognition is "passive recognition, case-by-case review and approval". 2. If the party concerned believes that another person’s registered trademark has maliciously infringed upon the rights and interests of the party concerned, he or she shall directly submit a dispute ruling to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce and apply for recognition as a well-known trademark. Judicial determination of well-known trademarks: When hearing trademark dispute cases, the court shall determine whether the registered trademark involved is well-known in accordance with the law based on the request of the parties and the specific circumstances of the case. That is, judicial identification, the principle of identification of well-known trademarks is: "case-by-case identification, passive protection." Procedures for enterprises to apply for administrative recognition of well-known trademarks. If an enterprise needs to apply for recognition of a well-known trademark, it must submit materials through the Administration for Industry and Commerce. Conditions for enterprises to apply for administrative recognition of well-known trademarks: 1. Enterprises applying for well-known trademarks should be provincial famous trademarks recognized by the Provincial Administration for Industry and Commerce. 2. The trademark has high visibility and good reputation. According to the conditions stipulated in the "Regulations on the Recognition and Protection of Well-known Trademarks": (1) The sales volume and sales area of ??the goods using the trademark in China; (2) The economic indicators of the goods using the trademark in the past three years (annual output, Sales volume, profit, market share, etc.) and its ranking in the same industry in China; (3) Sales volume and sales area of ??goods using the trademark in foreign countries (regions); (4) Advertising of the trademark; (5) The earliest use and continuous use of the trademark; (6) The registration status of the trademark in China and foreign countries (regions); (7) Other evidence that the trademark is well-known. The newly revised Trademark Law stipulates that 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 of any publicity work for the trademark Time, extent and geographical scope; 3 Enterprises have legal claims when applying for well-known trademarks. According to the provisions of the "Notice on Several Issues Concerning Application for Recognition of Well-known Trademarks" by the Trademark Office of the State Administration for Industry and Commerce, an enterprise may apply for recognition of a well-known trademark when its trademark rights are damaged by the following: (1) Others use a logo that is the same or similar to the trademark applied for by the applicant. Registration or use on non-similar goods or services may harm the applicant's rights and interests; (2) Others register or use words that are identical or similar to the applicant's applied trademark as part of the company name, which may cause public misunderstanding; ( 3) The trademark applied for recognition by the applicant has been maliciously registered overseas, which may cause damage to the applicant's business development abroad; (4) The rights and interests of the applicant's trademark applied for recognition have been damaged in other ways and are difficult to resolve. Application materials that an enterprise must submit when applying for a well-known trademark. When an enterprise applies for recognition of a well-known trademark, it must submit an application report for the 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 supporting materials should be provided, mainly including: 1. A copy of the business license of the applicant for well-known trademark recognition; 2. If the applicant for well-known trademark recognition entrusts a trademark agency to represent him, A power of attorney signed by the applicant or an authorization agreement (contract) signed by the applicant and the trademark agency should be provided; 3. The main economic indicators of the main goods or services using the trademark in the past three years 4. The main goods or services using the trademark The sales or operation status and region of the service at home and abroad; 5. The registration status of the trademark at home and abroad; 6. The advertising release of the trademark in recent years; 7. The earliest use and continuous use time of the trademark; 8. Information about the trademark Reputable other supporting documents.
The judicial determination of an enterprise's application for a well-known trademark is based on the provisions of Article 22 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" (Fa Interpretation [2002] No. 32). , based on the request of the parties and the specific circumstances of the case, whether the registered trademark involved may be well-known can be determined in accordance with the law. When identifying well-known trademarks, the review is mainly based on the provisions of Article 14 of my country's Trademark Law, and also refers to the relevant content of the "Regulations on the Identification and Protection of Well-known Trademarks" issued by the State Administration for Industry and Commerce. I hope it helps you and I hope you will adopt it