What are the factors for the identification of well-known trademarks

Legal analysis: The main factors for the identification of well-known trademarks are: 1. The relevant public’s awareness of the trademark; 2. The continued use of the trademark Time; 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. Other factors that make the trademark famous.

Legal basis:

According to Article 14 of the Trademark Law of the People's Republic of China: Well-known trademarks shall be recognized as necessary for handling trademark cases at the request of the parties concerned. to determine the facts. The following factors should be considered in determining a well-known trademark:

(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 Other factors that make a trademark famous.

During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may, based on the needs of reviewing and handling the case, make a well-known trademark The situation is determined.

During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.

During the trial of trademark civil or administrative cases, if a party claims rights in accordance with Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case. .

Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.