Legal analysis: the administrative determination is made by the Trademark Office and Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, and the judicial determination is made by the people's court at or above the intermediate level.

Legal basis: Provisions on the Recognition and Protection of Well-known Trademarks

Article 3 The Trademark Office and the Trademark Review and Adjudication Board are responsible for identifying and protecting well-known trademarks in the process of trademark registration examination, trademark dispute handling and trademark violation case investigation by the administrative department for industry and commerce.

Article 5 Where a party files an objection to the Trademark Office in accordance with Article 33 of the Trademark Law and requests the protection of a well-known trademark in accordance with Article 13 of the Trademark Law, it may file a written request for the protection of a well-known trademark with the Trademark Office and submit evidence that its trademark constitutes a well-known trademark.

Article 6 Where a party requests protection of a well-known trademark in accordance with the provisions of Article 13 of the Trademark Law in a case of reexamination of trademark non-registration and a case of requesting invalidation, he may submit a written request for protection of a well-known trademark to the Trademark Review and Adjudication Board, and submit evidence that his trademark constitutes a well-known trademark.