(1) According to Article 2 of the Trademark Law of the People's Republic of China, a well-known trademark refers to a trademark that is widely known to the relevant public and enjoys a high reputation in China. Relevant public includes consumers related to the use of a certain kind of goods or services marked by registered trademarks, other operators who produce goods or provide services, and sellers and related personnel involved in distribution channels.

(2) Paragraph 2 of Article 13 of the Trademark Law of the People's Republic of China stipulates that a trademark that is applied for registration of different or similar goods is a well-known trademark that has been registered in China by others, misleading the public, so that the interests of the registrant of the well-known trademark may be damaged, so it shall not be registered and its use shall be prohibited.

(3) Paragraph 2 of Article 41 of the Trademark Law of the People's Republic of China stipulates that the owner of a well-known trademark who has been maliciously registered is not subject to the five-year time limit in this paragraph when requesting the Trademark Review and Adjudication Board to make a ruling to cancel the registered trademark that has caused him losses.

(4) Article 14 of the Provisions on the Recognition and Protection of Well-known Trademarks in Order No.5 of the State Administration for Industry and Commerce of the People's Republic of China states: "The administrative departments for industry and commerce at all levels shall strengthen the protection of well-known trademarks, and the cases suspected of counterfeiting trademarks shall be transferred to the relevant departments in time."

II. How to identify a well-known trademark

(1) According to the provisions of the Trademark Law of China, the following factors should be considered in identifying a well-known trademark:

1. The degree of awareness of the trademark by the relevant public;

2. the duration of the 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.

The Trademark Office and the Trademark Review and Adjudication Board should comprehensively consider the above factors when identifying a well-known trademark, but it is not based on the premise that the trademark must meet all the factors specified in this article.

(2) Evidentiary materials to prove that the trademark is well-known:

1. Relevant materials to prove the public's awareness of the trademark;

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

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

4. Relevant materials proving that the trademark was protected as a well-known trademark, including relevant materials that the trademark was 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, sales area and other relevant materials of the main commodities using the trademark in recent three years.

(3) How to identify well-known trademarks:

A. One of the trademark objection procedures-apply to the Trademark Office for the identification of well-known trademarks. That is, if the applicant thinks that the trademark preliminarily approved and announced by the Trademark Office is the same as or similar to the applicant's prior rights, he will file an application for the identification of a well-known trademark at the same time as filing an objection application.

B, in the case of trademark dispute-at the same time, apply to the Trademark Review and Adjudication Board for the recognition of trademark well-known. That is, if the applicant thinks that another person's registered trademark violates the provisions of Article 13 of the Trademark Law, while requesting a ruling to revoke the registered trademark, he shall submit relevant materials to the Trademark Review and Adjudication Board to prove that his trademark is well-known, and the Trademark Review and Adjudication Board shall recognize his trademark as a well-known trademark.

3. Advantages of well-known trademarks

1. Fight against malicious cybersquatting;

2. resist the influence of identical or similar trademarks of different commodities;

3. It is easier to identify similar trademarks;

4. There is no limit on the amount of the case when investigating the crime of counterfeiting trademarks;

5. Prevent other companies from registering with well-known trademarks as company names;

6. Avoid domain name registration in e-commerce.

IV. Significance of protecting well-known trademarks

The protection significance of well-known trademarks mainly lies in: enjoying expanded protection on non-identical or similar goods. Mainly from three aspects

1. The originality of the trademark;

2. The well-known degree of the trademark;

3. the degree of correlation between the goods to enjoy extended protection and the designated trademarks of well-known trademarks.