ways to become a well-known trademark: under normal circumstances, if a party applies for a trademark to copy, imitate or translate a trademark that is not registered in China, is well known to the relevant public, has a certain time of use, and has a record of being protected as a well-known trademark, the trademark office shall determine that the copied or imitated trademark is a well-known trademark, and the court may determine it if the lawsuit is brought in advance due to the above matters.

legal basis

Article 13 of the Regulations on the Implementation of the Trademark Law of the People's Republic of China

Where the holder of a trademark is well-known to the relevant public, he may request the protection of a well-known trademark in accordance with the provisions of this Law.

a trademark applied for registration of the same or similar goods is a well-known trademark copied, imitated or translated by others that is not registered in China, which may easily lead to confusion, so it shall not be registered and its use shall be prohibited.

Article 14

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 should be considered when identifying a well-known trademark:

(1) the awareness of the trademark by the relevant public;

(2) the duration of the 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 well-known.