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What is the recognition standard of well-known trademarks in China?
1. What are the criteria for the recognition of well-known trademarks in China? According to Article 14 of the Trademark Law, the conditions for the recognition of well-known trademarks are as follows: (1) The awareness of the relevant public to the trademark is based on Article 2, paragraph 2, of the Provisions on the Recognition and Protection of Well-known Trademarks. The relevant public includes consumers related to the use of certain goods or services marked by the trademark, other operators and sellers who produce the above-mentioned goods or provide services, and relevant personnel involved in distribution channels. For example, goods or services using a trademark belong to the field of computer information technology, and the degree of knowledge of the trademark by many people associated with the field of computer information technology is "the degree of knowledge of the trademark by the relevant public". (II) Duration of use of trademarks The main way for trademark owners to use and exercise the exclusive right to use trademarks is to use their trademarks. No matter whether the trademark is registered or not, only the use can reflect its value in the transaction and transform the intangible property right of the trademark into material wealth. For unregistered trademarks, only continuous use can reflect the existence of their trademarks, and it is possible to generate distinctiveness through use, thus generating popularity among the relevant public. Otherwise, the public will not know these trademarks, let alone well-known trademarks. For registered trademark owners, it is their obligation to use trademarks. According to the second paragraph of Article 3 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials proving the service life of the trademark, including the history and scope of the use and registration of the trademark. (III) Duration, extent and geographical scope of any publicity work of a trademark By knowing the duration, extent and geographical scope of any publicity work of a trademark, we can clearly know the public awareness of the trademark in a certain area. According to Item 3 of Article 3 of the Provisions on the Recognition and Protection of Well-known Trademarks, relevant materials to prove the duration, degree and geographical scope of any publicity work of the trademark, including advertising and promotion activities, geographical scope, types of publicity media, advertising volume and other relevant materials. (4) Records of the protection of the trademark as a well-known trademark If a trademark has been protected as a well-known trademark abroad, then the trademark owner can also provide various supporting documents for identifying the trademark as a well-known trademark. These documents also play an important reference role in the identification of well-known trademarks in China. According to Item 4 of Article 3 of the Provisions on the Recognition and Protection of Well-known Trademarks, the relevant materials that prove that the trademark is protected as a well-known trademark include the relevant materials that the trademark is protected as a well-known trademark in China or other countries and regions. Second, how to identify well-known trademarks A well-known trademark refers to a trademark that is widely known to the relevant public and enjoys a high reputation in China. The relevant public includes consumers related to the use of a certain commodity or service marked by a trademark, other operators and sellers who produce the above commodities or provide services, and relevant personnel involved in the distribution channels. The following materials can be used as evidence to prove that a trademark is well-known: (1) Relevant materials to prove the public's awareness 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 methods, geographical scope, types of publicity media, advertising amount and other relevant materials of advertising and promotion activities; (4) Relevant materials proving 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 relevant materials of the main commodities using the trademark in the last three years. If a party considers that a trademark preliminarily approved and announced by others violates the provisions of Article 13 of the Trademark Law, it may lodge 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 its trademark is well-known. First of all, to become a well-known trademark, then the inevitable premise must be that it was once a registered trademark. In fact, the protection of registered trademarks in China still exists in a certain area, but if it is recognized as a well-known trademark, it is equivalent to providing more legal protection throughout the country. Although there are many cases of trademark infringement, well-known trademarks are more famous and can bring more benefits, so there are relatively more cases of infringement of well-known trademarks.