Legal Subjectivity:

Most of China’s well-known trademarks are recognized by the State Administration for Industry and Commerce (Trademark Office and Trademark Review and Adjudication Board). Compared with the People’s Court, the well-known trademarks recognized by it are accounting for a larger proportion. When disputes arise during the process of trademark registration, use and review, the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board can determine whether the trademark constitutes a well-known trademark based on the request of the party concerned and based on specific facts. 2018 Judicial Interpretation of the Trademark Law: Article 1 The People's Court accepts the following trademark cases: 1. Administrative cases that are dissatisfied with the review decision or ruling made by the Trademark Review and Adjudication Board of the State Council's industrial and commercial administration department (hereinafter referred to as the Trademark Review and Adjudication Board); 2. Dissatisfied with the industrial and commercial administration Cases involving other specific administrative actions related to trademarks made by the department; 3. Cases involving disputes over trademark ownership; 4. Cases involving disputes over infringement of the exclusive right to use a trademark; 5. Cases involving disputes over confirmation of non-infringement of the exclusive right to use a trademark; 6. Cases involving disputes over trademark transfer contracts ;7. Cases involving disputes over trademark licensing contracts; 8. Cases involving disputes over trademark agency contracts; 9. Cases involving applications to stop infringement of exclusive rights to trademarks before litigation; 10. Cases involving liability for damages due to application to stop infringement of exclusive rights to trademarks; 11. Applications for litigation due to trademark disputes Pre-litigation property preservation cases; 12. Pre-litigation evidence preservation cases due to trademark disputes; 13. Other trademark cases. Article 2 Administrative cases of dissatisfaction with the review decision or ruling made by the Trademark Review and Adjudication Board and cases of specific administrative actions regarding trademarks made by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) shall be under the jurisdiction of the relevant intermediate people's courts in Beijing. Article 3 The first instance of trademark civil cases shall be under the jurisdiction of the intermediate people's courts or above and the basic people's courts designated by the Supreme People's Court. Civil and administrative cases involving the protection of well-known trademarks shall be under the jurisdiction of the Intermediate People's Court of the city where the people's government of the province or autonomous region is located, the city under separate state planning, the district of the municipality directly under the Central Government and other intermediate people's courts designated by the Supreme People's Court. Article 4 When the industrial and commercial administrative department investigates and handles trademark infringement, if a party files a civil lawsuit regarding trademark ownership or infringement of the exclusive right to use a trademark in relation to a relevant trademark, the People's Court shall accept the case. Article 5 For an application for trademark registration and renewal submitted before the decision to amend the Trademark Law is implemented, and the Trademark Office makes a decision not to accept the trademark application or not to renew it after the decision is implemented, and the party files an administrative lawsuit, the People's Court The revised Trademark Law shall apply during the review. For trademark objection applications filed before the decision to amend the Trademark Law is implemented, and the Trademark Office decides not to accept the objection after the decision is implemented, and the party files an administrative lawsuit, the People's Court shall apply the Trademark Law before the amendment when reviewing. Article 6 If a party applies for review of a trademark that has not yet been approved for registration before the decision to amend the Trademark Law is implemented, and the Trademark Review and Adjudication Board makes a review decision or ruling after the decision is implemented, and the party files an administrative lawsuit, the People's Court shall apply the revised Trademark Law when reviewing. . For trademark review applications accepted before the decision to amend the Trademark Law is implemented, the Trademark Review and Adjudication Board will make a decision to approve the registration after the decision is implemented. If the party files an administrative lawsuit, the People's Court will not accept the application; the Trademark Review and Adjudication Board will make a decision not to approve the registration after the decision is implemented. It was decided that if a party files an administrative lawsuit, the People's Court will apply the trademark law before the amendment when reviewing relevant litigation rights and subject qualifications. Article 7 For a trademark that has been approved for registration before the decision to amend the Trademark Law is implemented, and the Trademark Review and Adjudication Board accepts the application before the decision is implemented, and makes a review decision or ruling after the decision is implemented, and the party files an administrative lawsuit, the People's Court shall review the relevant procedural issues and apply the changes. The Trademark Law before the revision shall apply to the Trademark Law before the revision when reviewing substantive issues. Article 8 For relevant trademark cases accepted before the implementation of the decision to amend the Trademark Law, the Trademark Office and the Trademark Review and Adjudication Board make a decision or ruling after the decision is implemented, and the party files an administrative lawsuit, the People's Court shall determine whether the decision or ruling complies with the relevant provisions of the Trademark Law. When a review time limit is specified, the review time limit shall be calculated from the date of implementation of the modification decision. Article 9 Unless otherwise provided in this Interpretation, for trademark civil cases accepted by the People's Court after the implementation of the decision to amend the Trademark Law, if they involve acts that occurred before the implementation of the decision, the provisions of the Trademark Law before the amendment shall apply; if they involve acts that occurred before the implementation of the decision, continuing For actions taken after the implementation of this decision, the provisions of the revised Trademark Law shall apply. Related recommendations: How to understand the scope of application of the Trademark Law in the 10 Articles of the Trademark Law Implementation Regulations 2018