Legal analysis: The well-known trademark recognition agencies are the Trademark Office, the Trademark Review and Adjudication Board and the People’s Court.
The scope of protection is as follows: 1. If a trademark applied for registration for the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China, and is likely to cause confusion, it will not be registered and its use will be prohibited.
Legal basis: "Trademark Law of the People's Republic of China" Article 14 Well-known trademarks shall be recognized as facts that need to be determined in handling trademark cases at the request of the parties. The following factors should be considered in determining a well-known trademark:
(1) The degree of awareness of the trademark by the relevant public;
(2) The duration of use of the trademark;
(3) The duration, extent and geographical scope of any publicity work for the trademark;
(4) The record of the trademark being protected as a well-known trademark;
(5) The Other factors that make a trademark famous.
During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may, based on the needs of reviewing and handling the case, make a well-known trademark The situation is determined.
During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.
During the trial of trademark civil or administrative cases, if a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case. .
Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.