要旨:虽然当事人在商标评审阶段既提出了相同或类似商品上的近似商标的问题,也提出了驰名商标保护的问题,但是,由于被诉裁定并未对驰名商标问题直接作出认定,因此,二审法院不宜在裁判中对驰名商标问题直接予以认定,而是应当交由商标评审委员会在重新作出裁定时予以认定。 Purposes: Although the parties raised the issue of similar marks on the same or similar goods during the stage of trademark review, they also raised the issue of well-known marks protection. However, since the judgment of appeal did not make a direct determination on the issue of well-known marks, the second instance The court should not directly recognize the issue of well-known trademarks in the referees. Instead, it should be assigned to the Trademark Review and Adjudication Board for determination when re-making the ruling.