The following factors should be considered when identifying a well-known trademark: the degree of awareness of the trademark by the relevant public; The duration of the use of the trademark; The duration, degree and geographical scope of any publicity work of the trademark; The record that the trademark is protected as a well-known trademark; Other factors that make the trademark famous.

the identification of well-known trademarks is closely related to special protection, and the correct identification of well-known trademarks is the premise and foundation for the effective protection of well-known trademarks. After the Paris Convention established the principle that well-known trademarks should be specially protected, it did not make detailed provisions on how to identify well-known trademarks. Under certain circumstances, it was left to countries to determine according to their own laws.

Article 5 of the Provisions on the Recognition and Protection of Well-known Trademarks promulgated by China's State Administration for Industry and Commerce stipulates that the recognition institution for well-known trademarks is the State Administration for Industry and Commerce. The Trademark Law stipulates that the Trademark Office and the Trademark Review and Adjudication Board may, at the request of the parties concerned and on the basis of ascertaining the facts, determine whether their trademarks constitute well-known trademarks.

However, this kind of identification places too much emphasis on the initiative of the trademark authorities and ignores the initiative of well-known trademark owners to protect trademarks. The internationally accepted practice is that the court determines well-known trademarks in individual cases.

principle of well-known identification

the identification of well-known trademarks follows the principles of case identification, passive protection and on-demand identification. Case identification means that the holder of a well-known trademark may request the protection of the well-known trademark in accordance with the provisions of the Trademark Law when he thinks that his rights have been infringed, and the well-known trademark shall be identified in the case as a fact that needs to be identified in handling trademark cases.

passive protection means that administrative and judicial organs such as the Trademark Office, the Trademark Review and Adjudication Board and the people's court do not take the initiative to identify well-known trademarks, but passively identify well-known trademarks at the request of the parties when their rights are infringed, thus protecting the relevant rights and interests of well-known trademarks.

On-demand identification, the identification of well-known trademarks is based on the protection request made by the right holder and the needs of handling related cases, not an administrative examination and approval or honor appraisal.

above content reference: Baidu encyclopedia-China well-known trademark.