1, and their authorized institutions are different.

The administrative determination of well-known trademarks in China is under the unified responsibility of the Trademark Office of the State Administration for Industry and Commerce or the Trademark Review and Adjudication Board. The judicial determination of well-known trademarks in China is determined by the court hearing the case, that is to say, the first-instance cases of trademark civil disputes are under the jurisdiction of the people's courts at or above the intermediate level, and all courts with disputed trademark cases can determine them.

2. The relief channels are different after they are recognized.

Whether it is possible to request a review or bring an administrative lawsuit only for the results of administrative determination of well-known trademarks is not clearly defined. If you are dissatisfied with a specific administrative act made by the industrial and commercial department (such as the decision on administrative punishment) or the decision or ruling of the Trademark Review and Adjudication Board, you may bring an administrative lawsuit.

For the judicial determination of well-known trademarks, if they are not satisfied with the result of the determination of well-known trademarks by the court of first instance, the parties may appeal to the higher court and re-determine the fact that the disputed trademark is well-known in the second instance. If you are not satisfied with the results of the second trial, you can theoretically request re-appraisal through the trial supervision procedure.

3. The influence of the two is very different.

Well-known trademarks recognized through administrative channels in China are recognized by the Trademark Office of the State Administration for Industry and Commerce or the Trademark Review and Adjudication Board, so they have strong authority in the national industrial and commercial administration system, and industrial and commercial administrations at all levels in the country will strengthen protection according to the special protection requirements of well-known trademarks.

Well-known trademarks recognized by court cases are only recognized by the specific court (intermediate or high court) that hears the case. In contrast, the appraisal will have a high authority in the court system or the industrial and commercial department where the appraisal court is located, but the actual effect in other industrial and commercial administrative departments in other parts of the country is still uncertain.

4, the two have different provisions on the review or identification of well-known trademarks.

As far as the court is concerned, the people's court will conduct a review according to Article 14 of the Trademark Law.

As far as the industrial and commercial departments are concerned, the protection scope of a case that has been recognized as a well-known trademark is basically the same as that of a case that has been protected as a well-known trademark, and the other party has no objection to the well-known trademark, or although there is objection, it cannot provide evidence that the trademark is not well-known. The administrative department for industry and commerce that accepts the case may make a ruling or handle it according to the conclusion of the protection record.

If the scope of protection of the accepted case is different from that of the case that has been protected as a well-known trademark, or if the other party has objections to the well-known trademark and provides evidence to prove that the trademark is not well-known, the Trademark Office or the Trademark Review and Adjudication Board shall re-examine the well-known trademark materials and make a determination.

Well-known trademarks are recognized by the court. Due to the different quality of judges in local courts, local courts have a loose grasp of the conditions stipulated by law, and enterprises with poor conditions like to identify well-known trademarks like this:

1. Because the public doubts that the conditions for the court to identify well-known trademarks are too loose, it is more and more difficult for the court to identify them. Before the general judgment, it needs to be reported to the Provincial High Court for review, and after the judgment takes effect, it needs to be reported to the Supreme Court for the record;

2. Some courts charge high fees for the publicity of well-known trademark identification cases, which leads to an upward trend in the cost of this identification method;

3. Due to the proliferation of well-known trademarks recognized by the courts, the popularity of well-known trademarks recognized by some courts is too low, and the counterfeiting phenomenon of individual applicants is serious, which leads to the decline of the credibility of well-known trademarks recognized by the courts in the public;

4. Due to the tradition of official standard in China, some enterprises and the public think that the well-known trademarks recognized by the Intermediate People's Court have no authority recognized by the State Administration for Industry and Commerce, and some excellent enterprises disdain to recognize well-known trademarks in this way;

5. Some local governments do not reward or reward half of the well-known trademarks recognized by the court;

6, some local industrial and commercial departments do not attach importance to the protection of well-known trademarks recognized by the court.