famous trademark

In China, there are two ways for applying a well-known trademark: 1. apply to the court for identification; 2. apply to the administrative organ. According to Stipulations of Well-known Trademark Recognition and Protection, administrative application can also be divided into two ways: file an application during the process of trademark opposition or dispute, or file an application when infringement case in respect of cross-class trademarks is being handled.

Local AIC can identify a trademark as well-known trademark based on the application submitted by the person concerned during the process of handling infringement case in respect of cross-class trademarks. The procedures for this operation mode are: the person concerned first files an application to district-level AIC, then the application should be reported and submitted to provincial level AIC, then the provincial level AIC should report and submit the application to State Trademark Bureau, and at last it is the job of State Trademark Bureau to identify whether it is a well-known trademark in essence.