Article 14 of the Trademark Law stipulates that the following factors should be taken into account when identifying a well-known trademark: (1) the degree of awareness of the trademark by the relevant public; (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. Thus, as long as it is proved that the above conditions are met, an unregistered trademark can apply for recognition as a well-known trademark.

Legal basis:

Article 14 of the Trademark Law of People's Republic of China (PRC) shall, at the request of the parties concerned, identify well-known trademarks as facts that need to be identified in handling trademark cases. The following factors should be considered when identifying a well-known trademark: (1) the awareness of the trademark by the relevant public; (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.