Hello! There are two ways to identify well-known trademarks:

1. Well-known trademarks are identified through the Trademark Office and the Trademark Assessment Committee, that is, the administrative identification method

Article 2 of my country’s Trademark Law Paragraph 1 stipulates: “The Trademark Office of the Administration for Industry and Commerce of the State Council is responsible for the registration and management of trademarks nationwide.” Paragraph 2 of Article 5 of the Implementing Rules of the Trademark Law stipulates: “The Trademark Office and the Trademark Review and Adjudication Board shall, upon request of the parties concerned, conduct On the basis of clarifying the facts, in accordance with the provisions of Article 14 of the Trademark Law, determine whether the trademark constitutes a well-known trademark. "

The "Interim Provisions on the Recognition and Management of Well-known Trademarks" states that well-known trademarks should have the "Enforcement of Trademark Law". The three conditions stipulated in Article 5 of the Regulations: 1. It enjoys a high reputation in the market; 2. It is well-known to the relevant public; 3. It has been approved for registration.

According to Article 14 of the Trademark Law, when determining whether a trademark meets the above conditions, the Trademark Office should consider the following factors: 1. The degree of awareness of the trademark by the relevant public; 2. The duration of use of the trademark; 3. The duration, extent and geographical scope of any publicity work for the trademark; 4. The record of the trademark being protected as a well-known trademark; 5. Other factors of the well-known trademark.

So according to the above regulations, well-known trademarks can be recognized through the Trademark Office and the Trademark Assessment Board, that is, administrative recognition.

2. The identification of well-known trademarks through court judgments is the judicial identification method.

"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" No. 22 Article 1 stipulates: When hearing trademark dispute cases, the People's Court may, based on the request of the parties and the specific circumstances of the case, determine whether the registered trademark involved is well-known in accordance with the law. The identification of well-known trademarks shall be carried out in accordance with the provisions of Article 14 of the Trademark Law. Article 6 of the "Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Networks and Domain Names" that was implemented on July 24, 2001 also has similar express provisions.

It can be seen from this that our country has also established a trial mechanism for the people's courts to identify well-known trademarks and provide judicial protection, thereby determining the dual-track identification method of my country's well-known trademarks from administrative agency identification to judicial identification. , and fully implemented the internationally accepted principle of "case-by-case identification, passive protection".

The international integration of well-known trademark identification methods has integrated into the international society and strengthened the ability of Chinese enterprises to participate in international market competition. According to judicial practice and case handling practice, we believe that it is very necessary for enterprises to register the trademarks they use in a timely manner to legalize them; and to promptly identify qualified registered trademarks as well-known trademarks through administrative or judicial means; in this way, it will greatly It will greatly enhance the market competitiveness of the enterprise and will put the enterprise in a favorable position in the trial of trademark cases.

If more information can be provided, a more detailed legal opinion can be given.