How to identify a well-known trademark

According to the provisions of China's Trademark Law, the following factors should be considered in determining a well-known trademark: (1) the degree of knowledge of the relevant public about the trademark; (2) the duration of use of the trademark; (3) the duration, extent and geographical scope of any publicity of the trademark; (4) Records of the protection of the trademark as a well-known trademark; (5) Other factors for which the trademark is well-known. When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall take into account all the above factors, but not on the premise that the trademark must meet all the factors provided for in this Article. Accordingly, the following materials may be used as evidentiary materials to prove that the trademark is well-known: (1) Relevant materials to prove the degree of knowledge of the relevant public about the trademark; (2) Relevant materials proving the duration of the use of the trademark, including the history and scope of the use and registration of the trademark; (3) Relevant materials evidencing the duration, extent and geographical scope of any publicity of the trademark, including the mode of advertising and promotional activities, the geographical scope, the type of publicity media and the amount of advertising; (4) Relevant materials proving the record of the protection of the trademark as a well-known trademark, including the relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions; (5) Other evidentiary materials to prove that the trademark is well-known, including the output, sales volume, sales income, profits and taxes, sales area and other relevant materials of the main commodities using the trademark in the past three years. So, how should the definition of well-known trademark be defined? According to the Provisions on the Recognition and Protection of Well-known Trademarks, well-known trademarks are those that are widely known and enjoy a high reputation among the relevant public in China. The relevant public includes consumers who are related to the use of a certain class of goods or services indicated in the trademark, other operators who produce goods or provide services indicated in the trademark, and sellers and related personnel involved in the distribution channel. It should be noted that not only the Trademark Office and the Trademark Review and Adjudication Board have the right to identify well-known trademarks, but also the court, in the trial of trademark disputes, can also determine whether the registered trademarks involved are well-known according to the request of the parties and the specific circumstances of the case. Where the court determines a well-known trademark, it shall proceed according to the above five factors for determining a well-known trademark. Where a party requests protection of a well-known trademark that has been recognized by the Trademark Office, the Trademark Review and Adjudication Board or the people's court, the other party does not object to the well-known trademark involved, and the people's court shall no longer examine it. Where an objection is raised, the people's court shall conduct an examination in accordance with the five factors for determining a well-known trademark.