近年,在互联网上出现仲裁认定驰名商标的热切讨论,且依稀听闻有些仲裁机构已经仲裁出了驰名商标,这不能不说对我国现有的认驰双轨制构成了强烈的冲击。在国家工商行政管理总局和人民法院由法律赋予认定驰名商标职能之外,作为准司法机关的仲裁机构能否认定驰名商标?笔者带着浓厚的兴趣对其合法性进行探讨。 In recent years, there has been an ardent discussion on arbitration of well-known trademarks on the Internet. It is also heard that some arbitration institutions have already arbitrated well-known trademarks. This can not but be said to have a strong impact on the current dual system of accreditation in our country. In addition to being authorized by the law by the State Administration for Industry and Commerce and the People’s Court, can the arbitration institution, as the quasi-judicial organ, recognize a well-known trademark? The author discusses his legitimacy with keen interest.