A well-known trademark refers to:
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 trademark Other factors that make you famous. During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, the Trademark Office may determine the well-known status of a trademark based on the needs of reviewing and handling cases.
Can be used as evidence of well-knownness:
1. Relevant materials proving the relevant public’s awareness of the trademark;
2. Proving the duration of use of the trademark Relevant materials, 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 advertising and Relevant materials such as the method of promotional activities, geographical scope, types of promotional media, and the amount of advertising;
4. Relevant materials proving that the trademark is protected as a well-known trademark, including that the trademark has been used in China or other countries Relevant materials that are protected as well-known trademarks in countries and regions;
5. Other evidence proving that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes of the main products using the trademark in the past three years , sales area and other related materials.
Legal basis: Article 2 of the "Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Civil Disputes Involving the Protection of Well-known Trademarks"
In the following civil dispute cases, the parties shall Well-known trademarks serve as factual basis. If the People's Court deems it necessary based on the specific circumstances of the case, it will determine whether the trademark involved is well-known:
(1) On the grounds of violation of Article 13 of the Trademark Law , a lawsuit filed for trademark infringement;
(2) A lawsuit filed for trademark infringement or unfair competition on the grounds that the company name is identical or similar to its well-known trademark;
(3) ) A lawsuit that complies with the defense or counterclaim stipulated in Article 6 of this Interpretation.