Before 2002, if a trademark owner regarded necessary for his own trademark to be deemed as a well-known trademark, he could file an application to request the State Administration for Industry and Commerce of the People’s Republic of China to confirm his mark as a well-known trademark, even when the mark does not relate to any dispute cases.

However, under the current trademark practices in Mainland China, whether a trademark is well-known should be determined by the court, the Trademark Office or the Trademark Adjudication Board if any dispute is raised during the process of trademark registration as well as trademark review and adjudication. A trademark owner can not request determination whether his trademark is a well-known trademark without involving in any trademark dispute.

Determination of a well-known trademark concerns whether a trademark owner sufficiently proves the fact that his trademark has become a well-known trademark in Mainland China. The use evidences should prove that the relevant companies and consumers in Mainland China are familiar with the subject trademark. If the use evidences are relating to Taiwan or foreign use, the trademark owner should further prove that such use information has reached Mainland China. For instance, enterprise and goods bearing the trademark appear in local newspapers that are circulated in Mainland China, advertisements are published in international magazines that are also released in Mainland China, and statistics about Chinese tourists or visitors who visit Taiwan.

Source: The web site of the Taiwan Intellectual Property Office