Article 14 of my country’s Trademark Law stipulates: “The following factors shall be considered in 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 geographical scope of any publicity work for the trademark; (4) The record of the trademark being protected as a well-known trademark; (5) Other factors that make the trademark famous. ”
State Administration for Industry and Commerce. Article 3 of the promulgated "Regulations on the Recognition and Protection of Well-known Trademarks" stipulates: The following materials must be used as evidence to prove a well-known trademark (1) Relevant materials proving the relevant public's awareness of the trademark; (2) Proving the duration of use of the trademark Relevant materials, including the history and scope of use and registration of the trademark; (3) Relevant materials proving the duration, extent and geographical scope of any publicity work for the trademark, including the methods and geographical scope of advertising and promotional activities Relevant materials such as scope, types of publicity media, and amount of advertising; (4) Relevant materials proving that the trademark is protected as a well-known trademark, 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 production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main products using the trademark in the past three years.
According to Article 13, Paragraph 2 of the Trademark Law: “If a trademark applied for registration for identical or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China, and is likely to cause confusion, Registration is not allowed and use is prohibited. "
Article 53 of the "Trademark Law Implementation Regulations" stipulates: "The trademark owner believes that others have registered his well-known trademark as a business name, which may deceive the public or cause misunderstanding to the public. , you can apply to the enterprise name registration authority to cancel the enterprise name registration. The enterprise name registration authority shall handle it in accordance with the "Enterprise Name Registration Management Regulations". According to this provision, it is not allowed to use other people's well-known trademarks as enterprise names.