Judging from the provisions of the Trademark Law, the first paragraph of Article 13 stipulates: "A trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others. If it is easy to cause confusion, it shall not be registered and prohibited from being used." Article 31 stipulates: "The application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by improper means." Both of them can be called "unregistered well-known trademarks", but there is no corresponding provision in Article 31 of the Trademark Law, while the Anti-Unfair Competition Law does. Article 2 stipulates that business operators should follow the principles of voluntariness, equality, fairness, honesty and credibility in market transactions and abide by recognized business ethics. Paragraph 2 of Article 5 stipulates that business operators shall not engage in market transactions by any of the following improper means, thereby harming competitors: (2) Using the unique name, packaging and decoration of a well-known commodity without authorization, or using the name, packaging and decoration similar to a well-known commodity, thus confusing other people's well-known commodities and misleading buyers into thinking that it is the well-known commodity. Article 5 of the General Principles of the Civil Law stipulates that the lawful civil rights and interests of citizens and legal persons are protected by law, and no organization or individual may infringe upon them. Provisions on the right of name, portrait, enterprise name and reputation can also provide some supplementary protection for unregistered trademarks.

It can be seen that the trademark law does not only protect unregistered well-known trademarks, that is, it only protects "the same" or "similar" goods, so this issue cannot be protected by the trademark law. In the Anti-Unfair Competition Law, the scope of protection for unregistered trademarks is wider. If it is regarded as a commodity logo such as commodity name and decoration, then it can be protected by using the provisions of the Anti-Law prohibiting counterfeiting the unique name, packaging and decoration of well-known commodities. So, it will be protected.

In addition, according to Article 14 of the Trademark Law, the following factors should be considered when identifying a well-known trademark: (1) the awareness of the relevant public about 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. It should be noted that cases applying for the protection of well-known trademarks often have their own special and individual circumstances, so in some cases, it may be necessary to consider all the factors listed in Article 14 of the Trademark Law before being recognized as well-known; But in other cases, based on the characteristics of the industry and the relevant public scope, the recognition of well-known may only be related to certain factors. Therefore, to determine whether another person's trademark becomes a well-known trademark, we should comprehensively consider the factors listed in Article 14 of the Trademark Law according to personal circumstances, but not on the premise that all factors must be met.