What is the difference between judicially recognized Chinese well-known trademarks and administrative recognition?

The recognition of well-known trademarks in China is currently divided into two types: administrative recognition and judicial recognition. Among them, administrative determination is uniformly determined by the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board, while judicial determination is determined by the People's Court at or above the intermediate level. What is the difference between judicially recognized Chinese well-known trademarks and administrative recognition? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the difference between judicially recognized Chinese well-known trademarks and administrative recognition

1) The two accreditation agencies are different .

The administrative recognition of well-known trademarks in China is unified by the national industry and commerce The Trademark Office of the General Administration or the Trademark Review and Adjudication Board shall make the determination. The judicial recognition of well-known trademarks in China is determined by the court hearing the case. That is to say, the first instance of trademark civil disputes is under the jurisdiction of the intermediate people's court or above, and any court with jurisdiction over disputed trademark cases can determine it.

2) The relief channels after the two are recognized are different. Same.

Whether the administrative identification results are only for well-known trademarks? You can request a review or file an administrative lawsuit. There are currently no clear regulations.

If the industrial and commercial department takes specific administrative actions related to trademarks (such as administrative penalty decisions, etc.) or If you are dissatisfied with the decision or ruling of the Trademark Review and Adjudication Board, you can file an administrative lawsuit.

For the judicial recognition of well-known trademarks, if If the party is dissatisfied with the decision of the court of first instance on the well-known trademark determination, the party may appeal to the higher court and re-determine the fact of whether the disputed trademark is well-known in the second instance. If you are still dissatisfied with the determination result of the second instance, you can theoretically request re-identification through the trial supervision procedure.

3) The difference in influence between the two after identification huge.

China's well-known trademarks recognized through administrative channels are After being recognized by the Trademark Office or the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, it will be announced uniformly in the name of the State Administration for Industry and Commerce, and will enter the national industrial and commercial network system. Therefore, it has strong authority in the national industrial and commercial administrative system. All levels of industrial and commercial administration across the country The administrative department will strengthen protection according to the special protection requirements for well-known trademarks, and will not allow other companies and individuals to register well-known trademarks as company names.

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