1, which is well known in the field.

Trademark rights are regional, and trademarks registered in a country are only protected by domestic laws within the country, but not by other countries outside the country. A trademark may have a high market evaluation and public awareness in a certain country, but because the goods are not sold in other regions and may not be well-known in other countries, there is no protection of well-known trademarks. In China, the well-known identification of trademarks does not need to be registered in China, but it should adhere to the principle of territoriality, that is, the principle of domestic well-known. Although some trademarks have a certain international reputation, the goods or services they indicate have not been circulated in China, and the public in China have not actually used the above goods or received the above services. Even though the trademark may be known to the public in China through the media, it cannot be recognized as a well-known trademark. Therefore, whether a trademark is well-known or not should always focus on domestic well-known, rather than the so-called international well-known.

2, the principle of case needs

It is not necessary to judge whether the logo used on the same or similar goods as the registered trademark misleads the relevant consumers or whether the logo is the same or similar to the registered trademark on the premise of whether the registered trademark is well-known. If the infringing goods involved in the case belong to the same category as the goods approved for use by the registered trademark involved in the case, the registered trademark involved in the case can be protected according to the provisions of the Trademark Law on infringement of ordinary trademarks, and there is no need to apply the special protection of well-known trademarks, so it is meaningless to judge and determine whether it is well-known. When trying a trademark dispute case, the people's court may, according to the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known according to law. The "case need" in this clause means that the registered trademarks involved need special protection for well-known trademarks, that is, well-known trademarks may be diluted when they are used by others for different or similar goods. The Supreme People's Court and related cases also affirmed the above viewpoint. The principle of case necessity can not only correctly grasp the focus of litigation disputes and improve the trial efficiency of cases, but also play a positive role in avoiding the abuse of litigation rights by trademark owners in the name of infringement, and is a necessary prerequisite for starting the judicial process of well-known trademark identification.

3, the principle of active review

In the case of well-known trademarks, we should take a proactive and authoritative review of well-known facts. If, after investigation, there are still doubts about the main evidence, we should not identify the well-known facts. The principle of active examination requires trademark owners to enhance their awareness of evidence and burden of proof, supplemented by necessary court investigation, which can effectively avoid being misled by some evidence with defective probative force, thus strengthening the reliability and authority of identifying well-known trademarks.

Second, the identification standard

Article 14 of the Trademark Law stipulates that the following factors should be considered when identifying well-known trademarks:

(a) the public's awareness of the trademark;

(2) the term of 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 famous.

Third, the appraisal procedure.

1. The trademark objection case is recognized by the Trademark Office of the State Administration for Industry and Commerce.

If the applicant thinks that the trademark preliminarily approved and announced by others violates the provisions of Article 13 of the Trademark Law, he may raise an objection to the Trademark Office in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials to prove that his trademark is well-known.

2. Trademark dispute cases recognized by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce.

If the applicant believes that another person's registered trademark violates the provisions of Article 13 of the Trademark Law, he may, in accordance with the provisions of the Trademark Law and its implementing regulations, request the Trademark Review and Adjudication Board to make a ruling to revoke the registered trademark and submit relevant materials to prove that his trademark is well-known.

3. In trademark management cases, it shall be recognized by the Trademark Office of the State Administration for Industry and Commerce.

In trademark management, if the applicant believes that the trademark used by others belongs to the circumstances specified in Article 13 of the Trademark Law and requests to protect its well-known trademark, he may submit a written request to the administrative department for industry and commerce at or above the city where the case occurred and submit relevant materials to prove that his trademark is well-known. At the same time, send a copy to the local provincial administrative department for industry and commerce. Finally, it was recognized by the Trademark Office of the State Administration for Industry and Commerce.

Fourth, prepare materials.

1. Relevant materials proving the public's knowledge of the trademark;

2. Relevant materials proving the service life of the trademark, including the history and scope of the use and registration of the trademark;

3. Relevant materials to prove the duration, degree and geographical scope of any publicity work of the trademark, including the way of advertising and promotion activities, geographical scope, type of publicity media, advertising volume and other relevant materials;

4. Relevant materials that prove that the trademark is protected as a well-known trademark, including relevant materials that the trademark is protected as a well-known trademark in China or other countries and regions;

5. Other evidential materials to prove that the trademark is well-known, including the output, sales volume, sales revenue, profits and taxes, sales area and other related materials of the main commodities that used the trademark in recent three years.

Most well-known trademarks are recognized by the State Administration for Industry and Commerce. Compared with the people's court, the proportion of well-known trademarks recognized by it is larger. In case of disputes in the process of trademark registration, use and review, the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board may, at the request of the parties concerned, determine whether their trademarks constitute well-known trademarks according to specific facts.