A well-known trademark is a concept difined by the Paris Convention for the Protection of Intellectual Property. It contains significant advantages, such as gaining protection over classes of dissimilar goods or services,It also lowers the threshold for claim against infringement. Recognition of a well-known trademark allows the owner a wider range of exclusive rights. Protection is no longer limited to identical or similar goods or services as it extends to non-identical or dissimilar goods and services. The company and domain name are also protected.

Since China’s entry into the WTO in 2001, revisions of the China Trademark Law bring a number of specific provisions and regulations clarifying the well-known trademark recognition process, and China developed its own system for recognising and protecting such marks. Two specific routes have become available.

Administrative proceeding. when a formal request is made to the China Trademark Office during an administrative enforcement action (following a raid) or an opposition, or the review of a recognition request arising from an opposition or cancellation proceeding before the Trademark Review and Adjudication Board.
Judicial proceedings, during a civil trademark infringement action before certain People’s Courts.

It is hard to say whether a judicial or administrative procedure is easier for recognition. Evidence required to submit is similar in two routes:
certificates of trademark registrations;
sales volumes and geographical range of the commercialisation of goods or services under the trademark;
the duration, extent, geographical scope and medium of any publicity or advertising activities for the trademark;
revenues generated from the goods or services under the trademark in the last three years;
the duration of continuous use of the trademark; and
records of how the trademark has historically been protected.
However,the conditions for well-known trademark recognition are narrowly interpreted and the threshold is often too high. Many professionals are calling for a relaxation of the conditions.

In the administrative system, if a trademark is found or suspected to be in violation of the law, the mark owner can request protection by asking to be recognised as a well-known trademark. This involves filing a written application to the relevant Department of Administration for Industry and Commerce at the regional level. Simultaneously, an application to the same department, but at the provincial level, is also required. In addition, the owner has to submit supporting documentation proving that the mark is well known. The departments of administration at both the regional and provincial level refer the case to the China Trademark Office. The office decides whether the mark is worthy of well-known status. This is a comprehensive effort, but given the statistics, the chances of recognition are higher.

When attempting to get well-known status for a trademark, especially through the judicial system, the owner should follow article 14 of the China Trademark Law,which says, “when recognising a well-known trademark, the following factors shall be considered:
(1) the degree of notoriety of the trademark among the relevant public;
(2) the length of continuous use of the trademark;
(3) the continuous length, degree and geographical scope of the publicity for the trademark;
(4) the record of protection of the trademark as a well-known trademark; and
(5) other factors associated with the trademark’s being well known.”