There are several conditions for handling well-known trademarks in China.
I. Conditions for Handling Well-known Trademarks Several trademark laws in China have not stipulated the formal requirements of well-known trademarks, which left great discretion to the judicial and administrative departments and also caused a difficult problem. So do well-known trademarks have to have formal requirements? Considering the following three realistic factors, well-known trademarks must have formal requirements at the same time: first, the essential requirements or elements of well-known trademarks stipulated in the trademark law are too abstract and general to be operated and grasped in practice; Secondly, determining the formal requirements can prevent the abuse of the discretion of law enforcement departments and maintain a good law enforcement order; Thirdly, determining the formal requirements can ensure the relative stability of well-known trademarks, so that the protection of well-known trademarks can be based on laws and evidence. Regarding the relationship between substantive elements and formal elements, substantive elements are the factual conditions for the formation of well-known trademarks, while formal elements are the legal conditions for the formation of well-known trademarks, which cannot be biased. If we overemphasize the substantive elements and ignore or even ignore the formal elements, it will easily lead to the confusion of legal order; On the other hand, if the formal requirements are overemphasized and the substantive requirements are not respected, it will deviate from the purpose of well-known trademark protection and move towards proceduralism or nihilism. Second, what certification materials are needed to apply for the recognition of well-known trademarks? The certification materials to be provided when applying for well-known trademark recognition mainly include: (1) a copy of the business license of the applicant for well-known trademark recognition; (2) Where the applicant for the recognition of a well-known trademark entrusts a trademark agency, it shall provide a power of attorney signed by the applicant or an entrustment agreement (contract) signed by the applicant and the trademark agency; (3) The main economic indicators of the main goods or services that have used the trademark in recent three years (copies of the annual financial statements or other statements stamped with the applicant's special financial seal and the special seal of the local finance and taxation department shall be provided, and industry certification materials issued by national industry associations or national industry administrative departments shall be provided); (4) The sales or business operations of the main goods or services using the trademark at home and abroad and the regions (copies of relevant main sales invoices or sales contracts shall be provided); (5) the registration of the trademark at home and abroad (the registration of the trademark in all kinds of goods or services and in all countries or regions shall be listed, and a copy of the corresponding trademark registration certificate shall be provided); (six) the advertising situation of the trademark in recent years (provide copies of relevant major advertising contracts and advertising pictures); (7) The earliest use and continuous use time of the trademark (the earliest sales invoice or contract of the goods or services using the trademark or a copy of the earliest advertisement or trademark registration certificate of the trademark shall be provided); (8) Other documents related to well-known trademarks (such as copies of provincial famous trademarks, etc.). ). Well-known trademarks are more strictly recognized than registered trademarks, and the specific situation is probably the above. Once it becomes a well-known trademark, it means that it has given more protection throughout the country. However, because well-known trademarks can bring more economic benefits, the situation of counterfeiting well-known trademarks has become more and more.