The court determined a well-known trademark based on the following materials provided by the parties: materials that can prove the relevant public’s awareness of the trademark; materials that can prove the duration of use of the trademark, such as the use and registration of the trademark The history and scope of the material, etc.

Legal basis

Article 9 of the "Regulations on the Recognition and Protection of Well-known Trademarks"

The following materials can be used as proof of compliance with the provisions of Article 14, Paragraph 1 of the Trademark Law Evidence materials:

(1) Materials proving the relevant public’s awareness of the trademark.

(2) Materials proving the duration of use of the trademark, such as the history and scope of use and registration of the trademark. If the trademark is an unregistered trademark, materials proving that the trademark has been used for no less than five years should be provided. If the trademark is a registered trademark, materials proving that it has been registered for no less than three years or has been continuously used for no less than five years should be provided.

(3) Materials proving the duration, extent and geographical scope of any publicity work for the trademark, such as the methods, geographical scope, types of publicity media and advertising placement in the past three years Quantity of materials.

(4) Materials proving that the trademark has been protected as a well-known trademark in China or other countries and regions.

(5) Other evidence materials proving that the trademark is well-known, such as the sales revenue, market share, net profit, tax amount, sales area and other materials of the main products using the trademark in the past three years.