Article 3 of the Interim Provisions on the Recognition and Management of Well-known Trademarks promulgated by China Administration for Industry and Commerce stipulates that the recognition institution of well-known trademarks is the State Administration for Industry and Commerce. Article 7 of the Regulations for the Implementation of the Trademark Law stipulates that the Trademark Office and the Trademark Review and Adjudication Board may, at the request of the parties concerned, determine whether their trademarks constitute well-known trademarks on the basis of ascertaining the facts. The competent trademark authority exercises the right of trademark registration and trademark management according to law, grasps the registration and use of trademarks of industrial and commercial enterprises, is familiar with the trademark law, and is recognized as a well-known trademark by the competent authority, which is authoritative and fair. According to international practice, the court can identify well-known trademarks in individual cases. In recent years, the theoretical and practical departments of intellectual property law in China have gradually reached an agreement on the right of people's courts to identify well-known trademarks in individual cases. On July 1 2006, the Supreme Court promulgated the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes over Computer Network Domain Names, in which Article 6 stipulates that the people's courts may, in the trial of domain name disputes, determine whether the registered trademarks involved are well-known according to the request of the parties and the specific circumstances of the case. On June 65438+1October 65438+1October 6, 2002, the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Trademark Disputes promulgated by the Supreme Court clearly stipulated that the people's courts can determine whether the trademarks involved are well-known according to law in the trial of trademark disputes. Therefore, it is the trademark administrative authorities and the people's courts that have the right to identify well-known trademarks in China, and no other organization may identify or otherwise identify well-known trademarks in disguise. In particular, trademark owners cannot claim their trademarks as well-known trademarks at will; When advertising agencies and propaganda media promote a product, if the trademark owner can't provide the materials recognized by the relevant departments, they can't give the promoted trademark a well-known title.

2. Limitation of appraisal scope

Article 14 of the Trademark Law stipulates the factors that should be considered in the identification of well-known trademarks, namely: (1) the awareness of the relevant public about the trademark; (2) the term of use of the trademark; (3) the duration, degree and geographical scope of any publicity work of the trademark; (4) The record that the trademark is protected as a well-known trademark; (5) Other factors that make the trademark famous. The people's courts and the trademark authorities shall identify well-known trademarks in strict accordance with the above standards. Those trademarks that have not been publicized and used for a long time and have low public awareness cannot be recognized as well-known trademarks.

3. Limitations of identification methods

According to trademark laws, regulations and judicial interpretations, the identification of well-known trademarks by relevant state organs is based on the request of the parties concerned. When dealing with infringement disputes or rights conflicts, it is necessary for people's courts or trademark authorities to determine whether a trademark is well-known at the request of the trademark owner. If the parties do not claim it, the trademark authorities and the people's court shall not take the initiative to identify it. This shows that China has adopted the international common practice of "passive protection and case handling" in the identification of well-known trademarks, thus changing the basic protection mode of "active identification first, supplemented by passive identification" implemented for many years. It shows that in the protection of well-known trademarks in China, the rational practice of judging and identifying well-known trademarks is increasingly considered.