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A well-known trademark refers to a trademark that is widely known to the relevant public in China and enjoys a high reputation.
Evidence materials proving that the trademark is well-known:
(1) Relevant materials proving the relevant public’s awareness of the trademark;
(2) Proving the use of the trademark Relevant materials on the duration, including the history and scope of use and registration of the trademark;
(3) Relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including Relevant materials such as the methods of advertising and promotion activities, geographical scope, types of publicity media, and the amount of advertising; (4) Relevant materials proving that the trademark is protected as a well-known trademark, including the history of the trademark Relevant materials that are protected as a well-known trademark in China or other countries and regions;
(5) Other evidence proving that the trademark is well-known, including the production and sales volume of the main products using the trademark in the past three years , sales revenue, profits and taxes, sales area and other relevant materials.
Methods for well-known determination:
Judicial determination: When hearing trademark dispute cases, the People's Court may, based on the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known according to law. Make a determination
Administrative determination: The Trademark Office will make the determination through the administrative management channel; in trademark opposition review and invalidation cases, you can apply to the Trademark Review and Adjudication Board for recognition of a well-known trademark.
For questions about well-known and famous trademark applications, you can also ask us: