Article 9 It is enough to cause the relevant public to misunderstand the source of the goods using the well-known trademark and the accused trademark, or it is enough to make the relevant public think that there is a specific connection between the operators using the well-known trademark and the accused trademark, such as licensed use, affiliated enterprise relationship, etc. , it falls under the category of “likely to cause confusion” as stipulated in Article 13, Paragraph 1 of the Trademark Law. If it is enough to make the relevant public think that the accused trademark has a considerable degree of connection with the well-known trademark, thereby weakening the distinctiveness of the well-known trademark, derogating the market reputation of the well-known trademark, or improperly taking advantage of the market reputation of the well-known trademark, it falls under Article 13 of the Trademark Law Paragraph 2 stipulates that “misleading the public may cause damage to the interests of the registrant of the well-known trademark”. Article 10 If the plaintiff requests to prohibit the defendant from using a trademark or business name that is the same as or similar to the plaintiff’s well-known registered trademark on dissimilar goods, the people’s court shall make a ruling based on the specific circumstances of the case and after comprehensive consideration of the following factors: (1) The The degree of prominence of the well-known trademark; (2) The degree of awareness of the well-known trademark among the relevant public of goods using the accused trademark or company name; (3) The difference between the goods using the well-known trademark and the goods using the accused trademark or company name The degree of correlation; (4) Other relevant factors. Article 11 If the registered trademark used by the defendant violates the provisions of Article 13 of the Trademark Law and copies, imitates or translates the plaintiff's well-known trademark, which constitutes an infringement of trademark rights, the people's court shall, based on the plaintiff's request, make a judgment in accordance with the law to prohibit the defendant from using the trademark. However, if the defendant’s registered trademark has any of the following circumstances, the people’s court will not support the plaintiff’s request: (1) It has exceeded the legal objective of Article 41 of the Trademark Law:A well-known trademark refers to a trademark that has been registered with the right Trademarks recognized as "well-known trademarks" by the authorities in accordance with legal procedures. The interpretation of well-known trademarks under Chinese law (judicial interpretation): A well-known trademark is a trademark that is widely known to the relevant public in China and enjoys a high reputation, among which the "relevant public" Refers to consumers related to a certain type of goods or services identified by a trademark and other operators closely related to the marketing of the aforementioned goods or services, as well as sellers and related personnel involved in the distribution channels. Article 22 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases stipulates that “when hearing a trademark dispute case, the People’s Court may, based on the request of the parties and the specific circumstances of the case, decide whether the registered trademark involved Whether a trademark is well-known shall be determined in accordance with the law. The determination of a well-known trademark shall be carried out in accordance with the provisions of Article 14 of the Trademark Law. Article 6 of the Supreme People’s Court’s Interpretation of Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names states, “People’s When a court hears a domain name dispute case, it can determine whether the registered trademark involved is well-known according to the law based on the request of the parties and the specific circumstances of the case. "There are four ways to identify well-known trademarks: 1. Apply to the Trademark Office of the State Administration for Industry and Commerce for identification; 2. Apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for a period of recognition; 3. Apply to the industrial and commercial department at or above the city (prefecture, state) level; 4. Apply to the People's Court for recognition. The methods for well-known trademark recognition are different, and the application procedures for recognition are also different.