At present, there are two procedures for the identification of well-known trademarks in China. One is the administrative procedure, and the recognition organs are the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board. The other is judicial procedure, and the cognizance organ is the people's court at or above the intermediate level. In the trial of trademark disputes, the court may, according to the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known according to law.

2. Methods of identifying well-known trademarks in administrative procedures:

1, identified in the trademark management case.

In trademark management, if a party considers that a trademark used by another person falls under the circumstances specified in Article 13 of the Trademark Law, he may make a written request to the administrative department for industry and commerce at or above the city level where the case occurred, and submit relevant materials to prove that his trademark is well-known. At the same time, send a copy to the local provincial administrative department for industry and commerce.

After receiving the application for the protection of well-known trademarks, the municipal administrative department for industry and commerce shall review the case, submit all the case materials to the administrative department for industry and commerce of the local province (autonomous region or municipality directly under the Central Government), and issue a Notice of Accepting the Case to the parties concerned; If the administrative department for industry and commerce of a province (autonomous region or municipality directly under the Central Government) considers that it meets the requirements after examination, it shall submit all the case materials to the Trademark Office.

2. Identification in trademark objection procedure.

If a party considers that a trademark preliminarily approved and announced by others violates the provisions of Article 13 of the Trademark Law, it may lodge an objection to the Trademark Office in accordance with the provisions of the Trademark Law and its implementing regulations, and submit relevant materials to prove that its trademark is well-known.

3. Identification in trademark dispute procedure.

If a party considers that another person's registered trademark violates the provisions of Article 13 of the Trademark Law, it may, in accordance with the provisions of the Trademark Law and its implementing regulations, request the Trademark Review and Adjudication Board to make a ruling to revoke the registered trademark and submit relevant materials to prove that its trademark is well-known.

Among the above three ways to identify well-known trademarks, the first way takes a long time, within half a year according to regulations, and generally not more than one year in practice. The disadvantage is that trademark cases with the same and similar registered trademarks do not happen frequently on different and dissimilar goods or service providers. But there is a certain space and flexibility in operation; The second and third methods are strictly in accordance with the procedures of trademark objection and trademark dispute, so it usually takes a long time, even if there is an accelerated appeal, it will not be less than one year. At the same time, objections and disputes that meet the statutory conditions are more random. Therefore, judging from the current situation in the whole country, the vast majority adopt the first method.

Three. ? Problems that should be paid attention to in identifying well-known trademarks in trademark management cases;

According to the requirements of the Trademark Law and the Provisions on the Recognition and Protection of Well-known Trademarks, the industrial and commercial department shall, after receiving the application for the protection of well-known trademarks in trademark management, examine whether the case falls under the following circumstances as stipulated in Article 13 of the Trademark Law:

1. Others use the same or similar trademarks on the same or similar goods without authorization, which is easy to cause confusion;

2. Others use the same or similar trademarks as the well-known trademarks registered in China on different or dissimilar goods without authorization, which is easy to mislead the public and may harm the interests of the well-known trademark registrant.