First, the trademark owner cannot file a lawsuit to confirm a well-known trademark.

The action of confirmation means that the subject of civil rights requests the people's court to confirm whether there is a legal relationship between the subject and the other party in dispute. Whether the trademark owner's trademark is well-known is a factual state, which has nothing to do with others, that is, there is no dispute. According to Article 108 of the Civil Procedure Law, one of the conditions for prosecution is that there must be a clear defendant, but no defendant confirmed the well-known trademark in the lawsuit. Therefore, it can't be regarded as a separate lawsuit to confirm that a well-known trademark does not conform to the characteristics of litigation.

Two, the people's court identified well-known trademarks, the implementation of the passive principle, can not directly confirm the well-known trademarks ex officio.

That is, only when the parties request that their trademarks be recognized as well-known trademarks, and well-known trademarks need to be recognized according to the circumstances of the case, the people's court will recognize them according to law. In the trial of trademark infringement cases, if the accused infringer uses the same or similar trademark as the trademark registrant on the same or similar goods, it is not necessary to determine whether the trademark is well-known. If the accused infringer uses another person's registered trademark on cross-category goods or services, the people's court may examine and determine whether the disputed trademark is well-known on this basis. That is to say, when the people's court can't identify the infringement by following the general trademark infringement rules, whether the trademark is well-known becomes the necessary procedure for the people's court to identify the infringement. Only by identifying well-known trademarks can we implement special protection for well-known trademarks across goods and services.

3. Well-known trademarks recognized by the people's courts do not belong to independent claims.

The people's court determines that well-known trademarks are facts that need to be ascertained when trying a case, and the request of the parties to determine well-known trademarks is a prerequisite for whether the accused infringer constitutes infringement, not an independent litigation request. The evidence in the case of identifying well-known trademarks is different from that in ordinary commercial cases. Therefore, in the process of finding out the facts, the people's court should not be satisfied that both parties have no objection to the evidence, but should review the original evidence to avoid mistakes in determining the facts.

Four, the people's court identified well-known trademarks, the implementation of the principle of case identification.

Well-known trademarks recognized in judgment documents only have legal effect on the cases involved in judgment documents, and may not necessarily have an impact on other cases. In the trial practice, some courts regard well-known trademarks as the request of the parties in the text of the judgment, which may make the dynamically changing well-known trademarks stable and static. Therefore, when the people's court makes a judgment document, it should not be confirmed in the text of the judgment, but in the reasoning of the judgment. At the same time, there is no request for a judgment to reject the confirmation of well-known trademarks.

Five, the people's court shall implement the principle of unified filing of well-known trademarks.

In view of the special situation of well-known trademark protection, in order to maintain the authority of judicial determination, we suggest that cases involving well-known trademarks should be determined by the intermediate court where the provincial capital is located in accordance with the principle of prudence and strictness, and registered with the higher court after the judgment takes effect.

I hope I can help you adopt it.