1. If it is recognized by the Trademark Office of the State Administration for Industry and Commerce
, it must go through the local provincial administration for industry and commerce (hereinafter referred to as the provincial administration for industry and commerce). The provincial industrial and commercial bureaus will submit the relevant application materials that have passed the preliminary examination and signed opinions to the Trademark Office of the State Administration for Industry and Commerce in time by mail. Finally, the Trademark Office of the State Administration for Industry and Commerce will determine whether the trademark is well-known.
when a dispute arises in the process of trademark registration, if the parties concerned think that their trademark constitutes a well-known trademark, they may also request the Trademark Office to determine that their trademark is well-known, and at this time, they shall submit evidence that their trademark constitutes a well-known trademark.
ii. It is confirmed by the Trademark Review and Adjudication Board that
in the event of a dispute in the process of trademark review in accordance with the provisions of the Trademark Law and Regulations, if the parties concerned think that their trademarks constitute well-known trademarks, they may request the Trademark Review and Adjudication Board to identify well-known trademarks. At this time, the parties concerned shall submit evidence that their trademarks constitute well-known trademarks according to law.
III. Confirmed by the people's court
In the trial of trademark disputes, the people's court may, at the request of the parties and the specific circumstances of the case, decide on the registered trademarks involved.