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What are the methods for identifying well-known trademarks, and what are the conditions for identifying and protecting well-known trademarks?

There are currently only two ways to identify well-known trademarks in China: 1. The identification of well-known trademarks through the Trademark Office and the Trademark Assessment Committee, that is, the administrative identification method. Article 2, Paragraph 1, of my country's Trademark Law stipulates: "The State Council The Trademark Office of the administrative department for industry and commerce is responsible for the registration and management of trademarks nationwide. "Article 5, paragraph 2, of the Implementing Rules of the Trademark Law stipulates: "The Trademark Office and the Trademark Review and Adjudication Board shall, at the request of the parties, based on ascertaining the facts, According to the provisions of Article 14 of the Trademark Law, determine whether the trademark constitutes a well-known trademark. "The Interim Provisions on the Recognition and Management of Well-known Trademarks" states that a well-known trademark should meet the three conditions stipulated in Article 5 of the "Regulations for the Implementation of the Trademark Law": (1) It enjoys a high reputation in the market; (2) It is well known to the relevant public; (3) It has been approved for registration. According to Article 14 of the Trademark Law, when determining whether a trademark meets the above conditions, the Trademark Office should consider the following factors: 1. The relevant public’s awareness of the trademark; 2. The duration of use of the trademark; 3. The duration, extent and geographical scope of any publicity work for the trademark; 4. The record of the trademark being protected as a well-known trademark; 5. Other factors of the well-known trademark. 2. The identification of well-known trademarks through court judgments is the method of judicial identification. Article 22 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" stipulates: When hearing trademark dispute cases, the People's Court shall, based on the parties' Based on the request and the specific circumstances of the case, whether the registered trademark involved may be well-known can be determined in accordance with the law. The recognition of well-known trademarks shall be carried out in accordance with the provisions of Article 14 of the Trademark Law. Article 6 of the "Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Networks and Domain Names" that was implemented on July 24, 2001 also has similar express provisions. It can be seen from this that our country has also established a trial mechanism for the people's courts to identify well-known trademarks and provide judicial protection, thereby determining the dual-track identification method of my country's well-known trademarks from administrative identification to judicial identification, and fully implementing the international The prevailing principle of “case identification and passive protection”. The international integration of the well-known trademark recognition method has integrated into the international society and strengthened the ability of Chinese enterprises to participate in international market competition. According to judicial practice and case handling practice, we believe that it is very necessary for enterprises to register the trademarks they use in a timely manner to legalize them; and to promptly identify qualified registered trademarks as well-known trademarks through administrative or judicial means; in this way, it will greatly It will greatly enhance the market competitiveness of enterprises and put them in a favorable position in the trial of trademark cases.