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Recognition And Protection Of Well-Known Trademarks In Shijiazhuang Approach

Original Language Title: 石家庄市知名商标认定和保护办法

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Measuring and protection options for prominent trademarks in the veterans

(Summit 4th ordinary meeting of the Thirteenth People's Government, 15 July 2013

Chapter I General

Article 1 promotes economic and social development, in accordance with laws, regulations and regulations such as the People's Republic of China Trademark Act, the Northern Province of the River, and the Regulations on the Recognition and Protection of Eminent Businessmarks.

Article II defines and protects prominent trademarks within the current city's administration.

Article 3. This approach refers to the known trademarks that are known to the relevant public, have high market reputations and are determined by the registered trademark according to this approach.

Article IV Findings and protections of prominent trademarks in the gendarmerie are guided by the principles of equity, justice and openness.

Article 5 Eminent trademarks and protections in the horrends are vested in the business administration. Eminent trademarks are requested by all trademarkers and recommended by the various districts (markets), the sector of business administration in the area, and the business administration in the mild.

The executive branch, such as labour guarantees, treasury, pharmacies, environmental protection, finance, agriculture, forestry, and the relevant industry management, industry associations, consumer associations, should assist and cooperate with the business administration in the identification and protection process within their respective responsibilities.

Chapter II Determination conditions and procedures

Article 6. The application for the identification of an renowned trademark shall be in accordance with the following conditions:

(i) The owner of the trademark is an enterprise, business unit, social group, individual business, agricultural professional cooperative or other social organization established by law within the present municipal administration;

(ii) The period of actual use of trademarks from the date of approval of registration has reached two years;

(iii) The application for the determination of a trademark is an effective registered trademark approved by the law and does not have the right to be contested;

(iv) The mark in the actual use of the trademark owner must be consistent with the terms of trademarks, maps or combinations approved in the Commercialmark Registration Certificate and the scope of the approved commodities use;

(v) The trademark referred to commodities as legitimate operators of the applicant, and the production of commodities is in accordance with the relevant national legal regulations and policy provisions, such as industry, technology, and products that are not subject to national restrictions on production or phase-out;

(vi) The quality and stability of commodities referred to in trademarks, the well-being and the high market reputation for resale services;

(vii) Major economic indicators, such as the production, sale, profitability and market ownership of commodities referred to in trademarks, are leading in the same industry in the city;

(viii) The use, management, protection systems and measures of trademarks for all, with clear trademark management bodies or dedicated trademark management;

(ix) The trademark owner focuses on the input and effectiveness of advertising and has a high degree of awareness among the relevant public;

(x) The owner of the trademark may seriously respect the laws, regulations and regulations relating to the quality of products, safe production, environmental protection, consumer rights and protection, which have no significant violations in recent years;

Historically a long, socially recognized and identifiable trademark used in commodity-specific commodities may be subject to the limitations in subparagraphs (ii) and (vii) of this article.

Article 7. The trademark owner considers that its registered trademarks are in accordance with the provisions of article 6 of this scheme, may apply to the location (communes), the sector of business administration to complete the identifier's determination of the application and provide the relevant proof material for the two years prior to the application.

Article 8 shall apply for the identification of a prominent trademark and shall submit the following certified material or information:

(i) The renowned trademark determines the application form;

(ii) The relevant documentation of the applicant's main qualifications;

(iii) The right to trademark is a certificate;

(iv) Relevant documents or information relating to the quality of commodities referred to in the trademark referred to in the relevant sectors or industry associations above;

(v) The major economic indicators, such as production, sales, profit, tax, market ownership rates, and their related documents or information in the same industry either in or within the city;

(vi) The use of the trademark by the owner, the establishment of the management system and the proof of the record of the protection of trademarks;

(vii) Regional evidence of commodity sales using the trademark;

(viii) The publication of commodity advertisements using the trademark;

(ix) Other material that is known to the trademark.

The applicant is responsible for the submissions, the legitimacy, authenticity and accuracy of the material.

Article 9. Districts (communes), sector and business administration shall be held in the first instance within thirty days of the date of the receipt of the application by the renowned trademarks of the horrends, which are considered to be consistent with the conditions of the application and are recommended to the business administration sector of the stones. It was considered not in accordance with the conditions for the determination of the application, to return the request material and to provide the reasons in writing.

Article 10 applies to all trademarks found to be prominently trademarks, with dissatisfaction with the non-recommunication of advice, which can be submitted for review to the business administration sector of the stones. The industrial and industrial administration sector should take a review decision within 20 days of the date of receipt of the review. The reasons for the application were established by the industrial and industrial administration sector of the stones; the reasons for the application were not established and justified in writing.

The re-entry decision of the business administration sector in the veterans is final.

Article 11. The industrial and business administration sector of the horrendous trademarks recommended by the sector of business administration in the district (commune) have been investigated, verified after two months of the application. In accordance with conditions, the evaluation of the Eminent Business Scensing Committee was submitted; the non-conditional, back-up requests and written reasons.

Article 12. The business administration sector of the horrends has set up a board of excellence for evaluation of the mark.

The composition and qualifications, duration and evaluation procedures of the Eminent Business Approval Commission are provided by the business administration sector of the horrend and reported to the municipal government.

Article 13, the business administration sector of the horrends has been determined by the evaluation of the conditions for the identification of known trademarks, the announcement in the municipal press and the issuance of the Award of Eminent Business Memorials in the Metropolitan. For those who have not been identified as prominent trademarks, the request for refunds and the written justification.

Article 14. The three-year period of operation of the renowned trademark in the gendarmerie is calculated from the date of the announcement. The owner of the trademarks in the horrends may apply for the continuation of six months before the expiry of the period of effectiveness; in accordance with the conditions set out in article 6 of this approach, it will be determined by the industrial and commercial administration of the mile. Each extension is three years.

The renowned trademarks of the mild city did not apply for the continuation of the determination or non-confirmation within the prescribed time frame, which was automatically lost after the expiration of the mark, and was made public in the city-level press by the mild business administration sector.

Chapter III Protection and management

Article 15. Eminent trademarks, from the date of their determination, with other enterprises and individual businessmen in the same industry, will be used as names with the same name as the renowned trademark and be easily publicized, and the business administration sector does not approve registration.

In violation of the provisions of this article, the owner of the owner is entitled to apply for the approval of the registered business administration or the municipality's business administration.

Article 16, without the permission of the owner of the owner, shall not unauthorizedly produce and use the same or prestigious name, packaging, babies.

The designations, packagings, babies referred to by the prominent trademarks are determined in the light of article 33 of the Northern Province Anti-Final Competition Regulations.

Article 17 Eminent trademarks may be used by all prominent trademarkers in their renowned trademarks and their packaging, babies, statements, advertisements in the use of the term “renowned trademarks in the horrends”.

Eminent trademarks shall not exceed the scope of the commodities referred to by the renowned trademarks of the stones.

Eminent trademarks shall not continue to use the term “renowned trademarks” without application for renewal or determination.

Article 18 Eminent trademarks are transferred by law to their registered trademarks, which are automatically lost.

Article 19 Eminent trademarks shall be authorized by law to use their trademarks by other persons and, in addition to the designation of the director-general of the National Business Administration, shall also be reported to the Lands and Industry Administration Authority.

The licensor may use the word “renowned trademarks” in order to ensure the quality of the product, but shall not exceed the scope of the commodities referred to by the renowned trademarks in the veterans.

Article 20 Changes in the name, address or other registration matters of the owner of the mark shall be reported to the Chamber of Commerce and Industry Administration within thirty days of the date of the registration.

Article 21, when the Business and Industry Administration of the Citizens recommended to the Provincial Chamber of Commerce and Industry the famous trademarks, it should be preferable to select merit from the mark.

Article 2 is one of the following cases, and the Business Administration of the Citizens revoked their brand qualifications and gave a notice:

(i) In the process of recommending, evaluating and sensitizing prominent trademarks in the horrends of the gendarmerie, there is no reasonable means to justify the determination;

(ii) In the process of recommending, evaluating and identifiable trademarks in the city, the members of the Eminent Business Scenario Evaluation Commission have favoured private fraud;

(iii) The renowned trademarks of the matrimonials have been inconsistent with the determination conditions set out in this approach;

(iv) The use of the word “renowned trademarks” in excess of the scope of commodities referred to by prominent trademarks in the horrendous veterans;

(v) Eminent trademarks in the horrends have other violations of the relevant laws and regulations, which seriously undermine the legitimate rights of consumers or the reputation of prominent trademarks.

Article XXIII (market), sector and business administration should strengthen the management of prominent trademarks in the horrends, establish, maintain sound management systems and archives, monitor the use, protection of prominent trademarks in the veterans, and identify violations against prominent trademarks in the veterans.

Article 24 Eminent trademarks in the horrends should strengthen the management and self-protection of trademarks, improve the quality of commodities and preserve the reputation of prominent trademarks in the horrends.

Chapter IV Legal responsibility

Article 25, in violation of article 16, paragraph 1, of this scheme, is responsible for the destruction of the relevant packaging, babies and for fines of more than three million yen; forfeiture of their proceeds of conflict with the law and for fines of more than three times the proceeds of the violation.

Article 26, in violation of article 17, paragraphs 2, 3 and 19, paragraph 2, of this approach, is being examined by the sector of business administration at the district level in accordance with the provisions of the VAV Act, the People's Republic of China Anti-Frame Law.

Article 27, in violation of article 19, paragraphs 1 and 20 of this scheme, is subject to a fine of up to a thousand yen for the period of time being converted by the executive branch of the district and the business administration.

Article 28, Business and Administrative Managers play a role in identifying and protecting prominent trademarks, abuse of authority, infrastructural fraud, which constitutes criminal responsibility under the law of the judiciary; minor circumstances do not constitute a crime and administrative disposition by their units or superior authorities.

Chapter V

The provisions relating to commodity trademarks in this approach apply to service trademarks.

Article 33