What is a well-known trademark? Who should apply for a well-known trademark? A well-known trademark is a "trademark well known to the relevant public". When the rights and interests of the owner of a well-known trademark are infringed, he or she can submit a "well-known trademark" certification to the National Trademark Office or the Bureau of Justice to obtain a wider scope of protection. So the question is, does applying for a well-known trademark require evaluation?

Biaomei learned that there are currently 4 ways to apply for well-known trademarks in China:

1. Identify in trademark management cases (Trademark Office)

2. Determination in trademark objections (Trademark Office)

3. Determination in trademark disputes (Trademark Review and Adjudication Board)

4. Determination in judicial proceedings (Intermediate People's Courts across the country)

After understanding the application methods for well-known trademarks, let’s take a look at whether the application for a well-known trademark requires evaluation. According to the provisions of my country’s Trademark Law, the following factors should be considered when 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 geography of any publicity work for the trademark Scope;

(4) Records that the trademark is protected as a well-known trademark;

(5) Other factors that make the trademark famous.

When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the above factors, but this does not assume that the trademark must meet all the factors stipulated in this article.

Correspondingly, the following materials can be used as evidence to prove that a trademark is well-known:

(1) Relevant materials proving the relevant public’s awareness of the trademark;

(2) Relevant materials proving the duration of use of the trademark, including the history and scope of use and registration of the trademark;

(3) Proving the duration, extent and scope of any publicity work for the trademark Relevant materials on the geographical scope, including the methods of advertising and promotion activities, geographical scope, types of promotional media, and the amount of advertising; (4) Records proving that the trademark is protected as a well-known trademark Relevant materials, including relevant materials 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, including the main products using the trademark recently Three years of production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials.

The above is about who to apply for a well-known trademark and whether the application for a well-known trademark requires evaluation. As for the application process for well-known trademarks, it was mentioned in the previous article. Click "How to apply for a well-known trademark? What materials need to be submitted to apply for a well-known trademark in 2018?" to view the details. It should be noted that the 2013 Trademark Law clarified that well-known trademarks are not The honorary title is only the visibility of the trademark, and stipulates that "producers and operators shall not use the words "well-known trademark" in trademarks, product packaging and other advertising, exhibitions and other commercial activities.