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One of the most problematic issues related to well－known trademark protection in China is the definition of a well－know trademark．This chapter argues that its complexity lies in not only international treaties but also in domestic regulations．The issues concerning the definition will be discussed in two subchapters（2.1 and 2.2）．This chapter concludes that China has now developed a relatively perfect‘well－known trademark'definition，but further research and explanations from the authorities are still needed．
Section 2.1 will show that，instead of providing a unanimous definition，the international treaties，such as the Joint Recommendation，provide several elements for the recognition of well－known trademarks．It is submitted that from the ‘definition'standpoint，these elements should be viewed with some concern，because they have actually set a minimum international standard of defining a well－known trademark with the inclusion and/or exclusion of certain parameters，such as the level of knowledge of a trademark and the scope of relevant public．I go on to argue that it is important to note that subject to a minimum requirement，it is entirely up to Member States to define a well－known trademark within their jurisdiction，which has complicated the matters regarding the definition of a well－known trademark in China as discussed in the section 2.2．
Section 2.2 argues that China has now developed a relatively perfect‘well－known trademark'definition，but some deficiencies remain．The conceptualization of the well－known trademark developed between 1996 and 2013．The variation of this concept not only shows how Chinese legislators and other competent authorities understand this concept and have sought to protect it，but also provides reasons for certain abuses and misunderstanding of the concept of well－known trademarks in China since the 1990s．In addressing the differences in terms of the definition and the influences they had brought about during this period，four legal documents will be presented and evaluated（2.2.1—2.2.4）．
Being the first domestic definition in 1996，this definition is inadequate in four respects．1）No unregistered trademarks are considered for well－known trademark protection；2）The definition is inconsistent with the thrust of the Joint Recommendation；3）It is unclear whether the‘market'in the definition denotes ‘Chinese market'only or is more widespread；4）The definition is detrimental to a correct understanding to the purpose of establishing a well－known trademark system in China．
Section 2.2.2 discusses the advantages and disadvantages of the new definition adopted in 2003．As the new definition covers not only registered but also unregistered trademarks，it has a positive effect in prohibiting trademarkinfringements and is more consistent with international norms． However，although the terminology used in the 2003 definition better captures the nature of a well－known trademark，it has also contributed to the misunderstanding of the public that the term‘well－known trademark'is an‘honourable title'which has led to the discussions on the misunderstanding of well－known trademarks that I outline in Chapter 4．
Section 2.2.3 will evaluate two elements under the 2009 Judicial Interpretation concerning the definition： ‘widely known'and ‘reputation’．The evaluation suggests that the 2009 definition is a further improvement and helps to ease the misunderstanding of well－known trademarks，although its actual effect remains to be seen．
Section 2.2.4 suggests that the Trademark Law of 2013 adopts a relatively different understanding regarding the definition of a well－known trademark from previous versions．The three features of the definition can be observed from its art．13 and they arguably show yet a further improvement．However，some uncertainties still remain．