Legal basis: Article 14 of the Trademark Law of People's Republic of China (PRC).
Well-known trademarks shall be recognized as facts that need to be recognized in handling trademark cases at the request of the parties concerned. The following factors shall be considered when identifying well-known trademarks:
(a) the public's awareness of the trademark;
(2) the term of 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 famous.
In the process of trademark registration examination and investigation by the administrative department for industry and commerce, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the Trademark Office may, according to the needs of examination and handling of the case, make a determination on the well-known situation of the trademark.
In the process of handling trademark disputes, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the Trademark Review and Adjudication Board may, according to the needs of handling cases, make a determination on the well-known trademark.
In the process of trying trademark civil and administrative cases, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may, according to the needs of trying the case, determine the well-known trademark.
Producers and business operators shall not use the words "well-known trademarks" on commodities, commodity packages or containers, or in advertising, exhibitions and other commercial activities.