Legal analysis: On November 6th, Beijing Intellectual Property Court, the first intellectual property court in China, officially performed its statutory duties, which marked an important step in the judicial system reform deployed by the Third and Fourth Plenary Sessions of the 18th CPC Central Committee. The newly established Beijing Intellectual Property Court has four trial courts and technical investigation rooms, two judicial auxiliary agencies of the bailiff team and a comprehensive administrative agency, which centralized jurisdiction over intellectual property civil and administrative cases originally under the jurisdiction of Beijing Intermediate People's Courts. An Fengde, spokesperson of Beijing Higher People's Court, said that the first-instance cases accepted by Beijing Intellectual Property Court include: technical civil and administrative cases such as patents, new plant varieties, layout design of integrated circuits, technical secrets and computer software; Administrative cases involving copyright, trademark, unfair competition and other administrative acts made by the State Council departments or local people's governments at or above the county level; Civil cases involving the identification of well-known trademarks. The Court of Appeal is the Beijing Higher People's Court. In addition, the court also has exclusive jurisdiction over cases of authorization and confirmation of rights in the first instance, as well as appeal cases brought by civil and administrative judgments and rulings of intellectual property rights in the first instance made by the Beijing Basic People's Court.

Legal basis: Trademark Law of the People's Republic of China

Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in commercial activities, so as to show the membership of users in the organization. The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization that has the ability to supervise a commodity or service and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the commodity or service. Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.

article 4 if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the trademark office for trademark registration. An application for registration of a malicious trademark that is not intended for use shall be rejected. The provisions of this Law on commodity trademarks shall apply to service trademarks.