First of all, the legitimate rights and interests of the trademark owner are illegally infringed. The trademark must be recognized as a well-known trademark to effectively protect its legitimate rights and interests.

Second, the trademark has a certain degree of popularity among relevant people.

Third, the party files an application in accordance with the law. .

1 The "Provisions on the Recognition and Protection of Well-Known Trademarks" states: A well-known trademark refers to a trademark that is widely known and enjoys a high reputation, and is the relevant public in China. Relevant public use includes specific trademarks marking goods or services to consumers, involving distribution channels and related persons providing services to other operators and sellers of distinctive goods or manufacturers.

"Well-known trademarks" first start from the "Paris Convention for the Protection of Industrial Property Rights." In accordance with international and domestic laws and regulations on intellectual property, a well-known trademark system is well-known to fully protect the legitimate rights and interests of trademark owners and creators, Its purpose is to protect trademark ownership, maintain fair competition, and deter trademark infringement by others reasonably related to the protection of trademark ownership.

Well-known trademarks can bring huge economic benefits to enterprises, help enterprises consolidate their position in the market economy, and prevent the impact of malicious registration, similar trademarks, different products and other problems. Therefore, Chinese enterprises Its trademark application was also recognized as a well-known trademark.

The so-called well-known trademarks involve infringement. Relatively speaking, their effectiveness is that well-known trademarks are protected, but they also have a certain scope and intensity. Having been identified as a well-known trademark in this dispute does not mean that it also enjoys the benefits of a well-known trademark in a separate infringement dispute. This does not imply coverage at any particular time and level.

Currently, China implements a dual system of administrative agencies and people's courts that can establish interests based on the party's application or request, and the application or request must be relevant. The difference between well-known trademark protection and ordinary trademarks is that it is limited to the same or similar goods. Well-known trademarks adopt cross-class protection. As long as the well-known trademark is used, other companies should adopt good well-known trademarks on any goods.

2 Administrative Confirmations: China has been mainly responsible for the identification of well-known trademarks by the State Administration for Industry and Commerce (Trademark Office and Trademark Review and Adjudication Board), and the People's Court, which has found a larger proportion of well-known trademarks. When there is a dispute in the process of trademark registration, use and evaluation, the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board can determine whether the trademark constitutes a well-known claimed trademark based on the parties' specific facts. .

2-1 From the Trademark Office: To apply for a well-known trademark, relevant materials must be submitted through the Industrial Administration Bureau of each province, autonomous region, and municipality directly under the Central Government (hereinafter referred to as the Provincial Industry and Commerce Bureau), and be initially reviewed and signed by the Provincial Industry and Commerce Bureau Regarding the opinions on timely submission of mailed application materials to the Trademark Office of the State Administration for Industry and Commerce, finally, trademarks recognized by the Trademark Office of the State Administration for Industry and Commerce are good and well-known.

When a dispute occurs during the trademark registration process and the party concerned believes that its trademark constitutes a well-known trademark, it can also apply to the Trademark Office for recognition of its well-known trademark. At this time, it should submit evidence that its trademark constitutes a well-known trademark.

2-2 Recognized by the Trademark Review and Adjudication Board:. In accordance with the provisions of the Trademark Law and Regulations, if during the evaluation process of a trademark dispute, the party believes that its trademark constitutes a well-known trademark, it may request the well-known trademark to the Trademark Review and Adjudication Board. In this case, the party's well-known trademark shall submit its trademark legal review evidence.

3. Trial and clarification by the People's Court: When the People's Court hears trademark disputes, based on the request of the parties and the specific circumstances of the case, the registered trademark can be determined by a well-known lawyer. Two normative documents were issued, "The Supreme People's Court's Interpretation of Case Law on Computer Network Domain Names Applicable to Several Issues in the Trial of Civil Disputes" and "The Supreme People's Court's Interpretation of the Civil Disputes in the Trial of Laws in Trademark Applications", which the court recognized as well-known Trademarks provide sufficient legal basis.

At present, many companies have been recognized as well-known trademarks by the judiciary, which to a certain extent reflects the company's brand awareness, brand awareness, and the company's intellectual property rights. This new approach has positive significance and has its own At the same time, the judicial identification of trademarks has been completed by the Intermediate People's Court, making it more convenient for well-known trademarks, which has become the preferred method for many enterprises.

4-1 According to the provisions of China's "Trademark Law", the following factors should be considered for well-known trademarks and famous trademarks:.

(1) The extent of the relevant public’s awareness of the trademark;

(B) The duration of use of the trademark;

(3) The scope of the trademark The duration and geographical scope of any publicity;

(4) The record of the affected trademark being protected as a well-known trademark; other factors (5).

The above factors should be taken into account by the Trademark Office and the Trademark Review and Adjudication Board for well-known trademarks, but not all factors that must be met as a prerequisite for marking are not marked.

Therefore, the following materials can be used as evidence to prove that the trademark is famous:

(1) The relevant materials proving the degree of public awareness of the trademark;

(2) Relevant materials proving the duration, extent and geographical scope of the mark, including use of the mark, historical registration of relevant materials and scope;

Relevant materials proving the duration, extent and geographical scope of the mark, including any promotional materials (three ) Prove the method of advertising and promotional activities, geographical scope, and what kind of media promotes advertisements and other related materials;

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

(5) Other evidence of well-known trademarks, including the use of the trademark in the production of major commodity materials in the past three years, sales volume, Sales revenue, profits and taxes, sales area, etc.

The number of confirmed well-known trademarks under management has now accumulated to nearly 1,000.

4-2. If the court determines a well-known trademark, it shall be a well-known trademark according to the five factors determined above. The well-known trademarks of all parties have been recognized by the Trademark Office, the Trademark Review and Adjudication Board or the People's Court for protection. If there is no objection to the well-known trademark, the court will no longer review the other party. Challenge, the People's Court examines the five factors that meet the well-known trademark determination.

In accordance with the Trademark Law and the "Interpretations of the Supreme People's Court on Computer Network Domain Names in Civil Disputes Involving the Application of Several Issues of Law," promulgated on July 17, 2001, and promulgated on October 12, 2002 According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes over Trademarks", the People's Court shall, in the case of trial of trademarks, domain names and other intellectual property disputes according to the relevant provisions of the discovery, determine and according to the needs of passive cases The principle is determined, determined, and strictly in accordance with the provisions of Article 14 of the Trademark Law of the criminal suspect. It is a well-known trademark to be identified and provides strong protection on the basis of legal facts. From July 2001 to October 2005, the People's Court identified "Huaneng", "Gome", "Surprising" and 72 well-known trademarks. Among them, 42 well-known trademarks were identified from January to October 2005, and the rights holders are 9 foreigners.

5. Use well-known trademarks as a system to prevent unfair competition, rather than as a kind of honor and advertising funds, rather than to obtain this special "capital", engage in fraud, or even create trademark disputes that do not exist in litigation to confirm and well-known trademarks. Well-known trademarks are used to maintain fair competition. They cannot be used as unfair competition tools. This is the minimum commercial standard tool.

According to China's "Trademark Law" and its implementing regulations, as well as the relevant provisions of the "Provisions on the Recognition and Protection of Well-known Trademarks", China's protection of well-known trademarks under the premise is: (1) used for the same or The application for trademark registration for similar goods is another unregistered well-known trademark in China, which is likely to cause confusion in copying, imitation or translation; (Trademark Law Article 13 1)

(2) There is no identical or similar The trademark applied for registration for a product is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public, and causing the interests of the registrant of the well-known trademark to be harmed.

(Article 13 2 of the Trademark Law)

One of the applications for protection of well-known trademarks

If one of the trademarks is specified in the preliminary announcement, it can be submitted to the Trademark Office Question, and submit relevant certification materials for its well-known trademark;

When a trademark already falls under the provisions of the circumstances, you can make a ruling to the Trademark Review and Adjudication Board, request the registered trademark, and submit relevant materials to prove its well-known trademark;

In the case of trademark management, all parties believe that the use of the trademark falls under the provisions of others and that the trademark may occur in the city (prefecture) than the industrial and commercial administration department and submit a written application for prohibition of use and submit its well-known Relevant certification materials for the trademark. At the same time, a copy shall be submitted to the provincial industrial and commercial administration department where it is located.

Materials that can be used as evidence to prove a well-known trademark include:

(1) Materials proving the degree of public awareness of the trademark;

(2) (3) Proof of use, proving the duration of the trademark, including the use of the trademark, the relevant materials and scope of registered materials, including the method of advertising and promotional activities, geographical scope, the kind of publicity and media advertising, etc. Materials;

(4) Records related to materials proving that the trademark is protected as a well-known trademark, including relevant materials proving that the mark is protected as a well-known trademark in China or other countries and regions

(5) Other evidence proving that the trademark is well-known, including the production, sales volume, sales revenue, profits and taxes, sales area, etc. of the main goods using the trademark in the past three years; relevant materials. When the law stipulates that one's own trademark needs to be protected

, the trademark has already been protected by China's well-known trademark authority.

The last two, review and processing of protection applications

(1) In the case of review by the industrial and commercial administrative department

Protection management work after receiving trademark applications, Well-known trademarks, this case should be reviewed:

Considering that it falls within the provisions of the case circumstances, the municipal (prefecture) administrative department for industry and commerce shall accept the request of the parties within 15 working days from the date of submission, and submit all case files to the provinces (autonomous regions), In the event that the administrative department of industry and commerce of the municipality directly under the Central Government and issues an acceptance notice to the relevant parties, the administrative departments of each province (autonomous region, municipality directly under the Central Government) shall submit all case materials to the Trademark Office within 15 working days from the date of acceptance by the parties concerned. If the case falls under the relevant provisions of what happened, the provincial party administrative department may also submit it to the Trademark Office;

The case does not fall under the provisions of the view, and the Trademark Law and Implementing Rules shall be promptly made in accordance with the provisions deal with. Industry and commerce within the city's jurisdiction

(2) Review materials The administrative department of the BR province (autonomous region, municipality directly under the Central Government) should submit the protection status of the well-known trademark materials to the (county) administrative department for review:

For what is considered to be the first case in this regard, it is stipulated that it should be submitted to the city (prefecture) within 15 working days from the date when the administrative department of the Trademark Office receives the case materials submitted by the Industry and Commerce;

Considered , this situation does not belong to this case, and the relevant materials should be returned by the authorities to the original proposal, after timely treatment in accordance with the relevant provisions of the Trademark Law and Implementing Regulations.

(3) Decision

The Trademark Office, the Trademark Review and Adjudication Board and the local industrial and commercial administration departments should consider the degree of distinctiveness and well-known marks in the protection of well-known trademarks.

The situation and scope of protection are basically the same for cases involving well-known trademarks that have been protected, and the other party has no objection to the fact that the trademark is well-known, or ignores objections but cannot provide proof that the trademark is not well-known. Records accepted in accordance with the administrative department can be protected under ruling or processing case closure.

If the circumstances and scope of protection are different from those of a well-known trademark that has been protected, or if the other party disagrees with the well-known trademark and provides evidence to prove that the trademark is not well-known, the well-known trademark shall be determined by the Trademark Office Or the Trademark Review and Adjudication Board will re-examine the materials and make a determination.

To protect well-known trademarks, the decision of the agency of the province (autonomous region, municipality directly under the Central Government) shall be issued to the Industry and Commerce and Trademark Office with a copy of the administrative department.

The other three cases

If the starting date of well-known trademark recognition is that others will use the same well-known trademark or words with similar purposes as part of the company name, which may lead to misleading the public, the Industrial and Commercial Administration The administrative agency does not approve and register;

The registered well-known trademark registrant may know or should know within two years from the day the industrial and commercial administrative agency applies. When determining whether these actions may constitute damage to a well-known trademark registrant, equity should consider the degree of originality and well-known trademark.