To determine whether a trademark is a well-known trademark in China, the main criterion is that the trademark enjoys a high reputation in the market and is well known to the relevant public. According to Article 14 of the "Trademark Law", the following factors should be considered in determining a well-known trademark:

1. The relevant public's awareness of the trademark

According to the "Provisions on the Recognition and Protection of Well-known Trademarks" 》Article 2, paragraph 2, the relevant public includes consumers related to a certain type of goods or services marked by the trademark, other operators who produce the aforementioned goods or provide services, as well as sellers and related parties involved in the distribution channels. Personnel etc. For example, the goods or services using a certain trademark belong to the field of computer information technology, and the degree of awareness of the trademark by many people associated with the field of computer information technology is the "degree of awareness of the trademark by the relevant public." The fact that many people not related to the field of computer information technology know or do not know the trademark does not affect the trademark being recognized as a well-known trademark. In other words, well-known does not mean that it is recognized by everyone or has a high reputation among all members of the public, but it means that it is well-known among relevant consumers, that is, it does not need to be "widely known".

2. Duration of use of the trademark

The main way for trademark owners to utilize and exercise their exclusive rights is to use their trademarks. Regardless of whether a trademark is registered or not, only by using it can its value be reflected in transactions and the intangible property rights of the trademark be transformed into material wealth. For unregistered trademarks, only continuous use can reflect the existence of the trademark, and it is possible to generate distinctiveness through use, thereby creating visibility among the relevant public. Otherwise, the public will have no way of understanding the trademark, let alone becoming well-known. For registered trademark rights holders, using the trademark is their obligation. Therefore, it is also very necessary to consider the duration of trademark use as a factor in determining a well-known trademark. According to the provisions of Article 3, Item 2 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials proving the duration of use of the trademark include relevant materials regarding the history and scope of use and registration of the trademark.

3. The duration, extent and geographical scope of any publicity work for the trademark

In today’s increasingly fierce market competition, whether it is a manufacturer of goods or an operator of services, They all regard publicity and marketing of their products as a top priority, and their publicity efforts are constantly increasing. Especially with the development of communication technology and information network technology, the publicity effect of various publicity media such as television, radio, Internet, newspapers and periodicals is becoming more and more effective. The more obvious it is, the public’s knowledge of a certain brand (trademark) comes from various advertising campaigns by manufacturers or operators. Therefore, by understanding the duration, extent and geographical scope of any publicity work for a trademark, we can know more clearly the degree of public awareness of the trademark in a certain area. In accordance with the provisions of Article 3, Item 3 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including the methods, geographical scope, and publicity of advertising and promotional activities Types of media, amount of advertising, and other relevant materials.

4. Record of the trademark being protected as a well-known trademark

If a trademark has been protected as a well-known trademark in my country, then the owner of the trademark can provide relevant supporting documents , which has a very important reference value for determining whether the trademark is a well-known trademark. If a trademark has been protected as a well-known trademark abroad, the owner of the trademark can also provide various supporting documents that identify the trademark as a well-known trademark. These documents also play an important reference role in identifying well-known trademarks in my country. According to the provisions of Article 3, Item 4 of the "Provisions on the Recognition and Protection of Well-known Trademarks", relevant materials proving that the trademark is protected as a well-known trademark, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions .

5. Other factors that make the trademark famous

This item is a blanket clause to meet the evolving actual needs of well-known trademark protection. According to the provisions of Article 3, Item 5 of the "Provisions on the Recognition and Protection of Well-known Trademarks", other evidence materials proving that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, and sales area of ??the main goods using the trademark in the past three years and other related materials.

Article 10 of the "Regulations on the Identification and Protection of Well-known Trademarks" stipulates: "When identifying well-known trademarks, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider various factors stipulated in Article 14 of the Trademark Law, but shall not The premise is that the trademark must meet all the factors specified in this article.” (Source: China Intellectual Property Protection Network)