according to the provisions of the trademark law, a well-known trademark in China generally refers to a trademark that has been recognized as a well-known trademark by the Trademark Office of the State Administration for Industry and Commerce, the Trademark Review and Adjudication Board or the people's court according to legal procedures. Well-known trademarks usually refer to trademarks that are widely known to the relevant public in China. China's trademark law restricts well-known trademarks: producers and operators cannot use well-known trademarks on commodities, commodity packages or containers, or in advertising, exhibitions and other commercial activities.

legal basis

article 14 of the trademark law of the people's Republic of China 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 should be considered when identifying a well-known trademark:

(1) the awareness of the trademark by the relevant public;

(2) the duration of the 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 well-known.

in the process of trademark registration examination and investigation of trademark violation cases 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, determine the well-known situation of the trademark.

in the process of handling trademark disputes, if the parties claim their rights in accordance with the provisions of article 13 of this law, the trademark review and adjudication board may, according to the needs of handling the case, make a determination on the well-known situation of the trademark.

in the process of trying a trademark civil or administrative case, if the parties claim their rights in accordance with the provisions of article 13 of this law, the people's court designated by the Supreme People's Court may, according to the needs of trying the case, make a determination on the well-known trademark.

producers and business operators shall not use the words "well-known trademarks" on commodities, commodity packages or containers, or in advertising, exhibitions and other commercial activities.