First, the legitimate rights and interests of the exclusive owner of a trademark have been illegally infringed. Only when the trademark is recognized as a well-known trademark can its legitimate rights and interests be effectively protected.
Second, this trademark has a certain popularity among relevant people.
Three, the parties have filed an application according to law.
The identification procedure is as follows:
1. Apply to the Trademark Office of the State Administration for Industry and Commerce for confirmation.
2. Apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for recognition.
3. Apply to the Municipal Administration for Industry and Commerce.
4. Apply to the people's court for confirmation. In trademark infringement litigation, the parties may bring a lawsuit directly to the people's court to request that their trademark be recognized 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 shall be considered when identifying well-known trademarks:
(a) the public's awareness of the trademark;
(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.
In the process of trademark registration examination and investigation by the administrative department for industry and commerce, if the parties claim their rights in accordance with the provisions of Article 13 of this Law, the Trademark Office may, according to the needs of examination and handling of the case, make a determination on the well-known situation of the trademark.