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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201310/20131000392235.shtml

Recognition and protection of well-known trademarks in Shijiazhuang approach

    (July 15, 2013, Shijiazhuang, the 13th session of the Standing Committee of the people's Government of the 4th review on August 1, 2013, so of Shijiazhuang municipal 183th announced as of October 1, 2013) Chapter I General provisions

    First to standardize the well-known trademarks, protection of well-known trademark owners and consumers ' legitimate rights and interests, to promote economic and social development, according to the People's Republic of China trademark law, the Hebei provincial famous trademark determination and protection regulations and other laws and regulations, combined with the city's actual, these measures are formulated.

    Article on determination and protection of well-known trademarks within the administrative area of the city, these measures shall apply.

    Third well-known trademarks mentioned in these measures refers to well known to the relevant public, with high market reputation, and registered trademark pursuant to these measures be identified.

    Fourth Shijiazhuang well-known trademark identification and protection of the following principles of fairness, impartiality and openness. Fifth in Shijiazhuang city famous trademark and protection of industrial and commercial administrative departments.

    Well-known trademark by the proprietor of an application and, with the counties (cities), the District Administration for industry and Commerce recommended Shijiazhuang city industrial and commercial administration departments.

    Labour protection, safety, quality and technical supervision, food and drug, environmental protection, finance, agriculture, forestry, management of Administration Department and the Trade Department, industry associations, consumers ' associations shall, within their respective mandates, assist and cooperate with departments of industry and Commerce determination and protection of well-known trademarks.

    Identified in chapter II conditions and procedures

    Sixth, Shijiazhuang, apply for the confirmation of well-known trademark shall comply with the following conditions:

    (A) the trademark owner is legally established within the administrative area of the city enterprises, institutions, social organizations, individual businesses, agricultural cooperatives and other social organizations;

    (B) effective use the trademark from the date of registration period is two years;

    (C) apply for the confirmation of trademark is legally approved effective registered trademarks and no dispute;

    (D) proprietor of the actual use of the trademark must be approved with the certificate of trademark registration trademarks text, graphics, or a combination, and consistent range of approved used goods;

    (V) referred to in the trade mark goods for legitimate scope of business of the applicant, the production and sale of goods in line with relevant laws and regulations of the State and industry, technology policy and does not belong to the State, such as limiting production or elimination product;

    (F) trademarks referring to trade in similar goods in good quality, stable, excellent after-sales service, with high market reputation;

    (G) trademarks referred to commercial production, sales, profits, market share and other key economic indicators in the city's industry-leading;

    (VIII) the proprietor of a sound trademark use, management, protection and measures, with a clear brand management institution or full-time brand managers;

    (I) the trademark owners focus on inputs and effects of advertising, and has a higher cognitive level in the relevant public;

    (J) the trademark owner to carefully comply with the product quality, safety, environmental protection, consumer protection and other laws, rules and regulations, and for nearly two years without major irregularity;

    Has a long history and recognized by the community, with the features of this municipality commodities used by trademark, its application is not subject to subsection (b), (g) conditions of.

    Article seventh it was felt that their own registered trademarks in accordance with these measures article sixth, to the local counties (cities), the District Administration for industry and commerce to apply, fill out the well-known trademark application form and provide relevant supporting materials two years recently.

    Article eighth apply for the confirmation of well-known trademark, shall submit the following documents or information:

    (A) the well-known trademark application form;

    (B) that the applicant qualification supporting documents;

    (C) proof of trademark ownership;

    (D) the city-level departments or industry associations issued related to the quality of goods referred to in the trademark documents or information;

    (E) the use of the trademark product of nearly two years of production, sales, profits, taxes, market share and its main economic indicators such as the city or industry within the province, the relevant documents or information in order of precedence;

    (Vi) the proprietor of the trademark use and management system of trademark protection and the records of proof;

    (G) goods sales area using the trademark certificate;

    (H) goods advertising used the trademark certificate;

    (IX) that the well-known trademarks of other materials.

    Documents and materials submitted by the applicant to the legality, authenticity and accuracy. The Nineth counties (cities), the District Administration for industry and commerce shall be accepted in Shijiazhuang city famous trademark application date of 30th in the first instance, considered eligible which is recognized, after signing to Shijiazhuang city industrial and commercial administration departments recommend.

    That don't qualify as conditions, return the application materials and to state the reason in writing. Apply for the confirmation of well-known trademark the trademark owner of the tenth article, disagrees with the audit observations on the not recommended, you can request for revision was submitted to the Shijiazhuang municipal industrial and commercial administration departments. Shijiazhuang municipal administration for industry and commerce shall from the date of receipt of the application for review within the 20th review decision.

    Justification of the application, accepted by the Shijiazhuang municipal industrial and commercial administration departments made unfounded, inadmissible, and state the reason in writing.

    Shijiazhuang municipal industrial and commercial administration departments to review decision is final. 11th in Shijiazhuang city administration for industry and Commerce received counties (cities) featured well-known trademarks of district administration for industry and commerce within two months of the application, to investigate and verify the application materials.

    Eligible, to famous trademark Assessment Committee for review; do not meet the conditions, return the application materials and to state the reason in writing.

    12th in Shijiazhuang city administration for industry and commerce organizations establishing well-known trademark review and adjudication Board, is responsible for the review work of the well-known trademark.

    Well-known trademark review and adjudication Board of staff and their qualifications, terms and review procedures, stipulated by the Shijiazhuang municipal industrial and commercial administration departments, and reported that the municipal government for the record. 13th Shijiazhuang city industrial and commercial Administration Department to review conditions of well-known trademarks, be identified, notice in the newspapers at the city level, and issue a certificate of the well-known trademarks in Shijiazhuang.

    To not be recognized as well-known trademarks, return the application materials and to state the reason in writing. 14th in Shijiazhuang city famous trademark is valid for three years, calculated from the date of the announcement. Shijiazhuang city famous trademark owners can seek an extension before the expiration of six months to meet the conditions specified in article sixth of this approach, the Shijiazhuang municipal administration for industry and commerce shall continue finds.

    Each extension is valid for three years.

    Shijiazhuang for well-known marks within the prescribed renewal identified or failed continuity found, after the expiration of the well-known trademarks entitled to forfeit by the Shijiazhuang municipal industrial and commercial administration departments at the municipal level press announcements.

    Chapter III protection and management

    Well-known trademarks in the 15th date of determination, other companies in the same industry and individual industrial and commercial households, with well-known trademarks in the same text as the name of the font size used, and easily lead to misidentification of the public, industrial and commercial administrative department not to approve registration.

    Registration of violation of the provisions of the preceding paragraph of this article, well-known to the approved and registered by the trademark owner the right to industrial and commercial administrative departments or applications to the industrial and commercial administration departments revoked.

    16th has not been well-known trademark owner licenses, no unauthorized reproduction and use of well-known trademark referred to product-specific are identical or similar to the name, packaging or decoration.

    Well-known trademark referred to product-specific name, packing and decoration, Hebei province anti-unfair competition regulation refer to the provisions of article 30th.

    17th famous trademark owners in the well-known trademark referred to goods and packaging, decoration, used on brochures, advertising "Shijiazhuang famous trademark".

    Famous trademark owners may not go beyond the well-known trademark referred to in Shijiazhuang product range uses "Shijiazhuang famous trademark".

    Well-known marks do not seek an extension or pass expiry extension found, shall not continue to use the "Shijiazhuang city famous trademark".

    18th famous trademark owners in accordance with the transfer of a registered trade mark, the proprietor of the well-known trademarks entitled to forfeit.

    19th well-known trademark owner licenses another person to use its trademarks in accordance with law, in addition to complying with the provisions of the State administration for industry and Commerce Trademark Office filing, but should also be reported in Shijiazhuang city industrial and commercial Administration Bureau.

    Licensee under the premise of ensuring product quality, you can use the "Shijiazhuang well-known trademark", but shall not exceed the well-known trademark referred to the range of goods of Shijiazhuang.

    20th famous trademark owners change registrant's name, address or other registered matters, shall, within the registration date of the 30th will change in Shijiazhuang city industrial and commercial Administration Bureau.

    21st in Shijiazhuang city administration for industry and commerce to the provincial administration for industry and Commerce recommending when a famous mark should be preferred from the well-known trademarks featured.

    The 22nd under any of the following circumstances, from Shijiazhuang, Shijiazhuang, administration for industry and commerce to revoke its well-known trademarks entitled, and make an announcement:

    (A) recommend, review and determination of Shijiazhuang city famous trademark in the process identified by the fraud or taken improperly to defraud;

    (B) recommend, review and determination of Shijiazhuang city famous trademark in the process, members of the well-known trademark review and adjudication Board engages in behavior;

    (Iii) well-known trademarks in Shijiazhuang is not subject to this regulation which is recognized;

    (D) beyond the well-known trademark referred to the use of goods of Shijiazhuang "Shijiazhuang city famous trademark" and refused to correct the words;

    (E) in Shijiazhuang city famous trademark owners have other acts in violation of the relevant laws and regulations, serious damage to the legitimate interests of consumers or the reputation of well-known trademarks.

    23rd County (municipality), district administration for industry and commerce should strengthen management of the well-known trademarks in Shijiazhuang, establish and improve the management system and files, use, protection of well-known trademarks, supervision and inspection of Shijiazhuang city, well-known trademark violations investigated damage in Shijiazhuang.

    Article 24th of Shijiazhuang city famous trademark owners should step up to the mark of management and protection, improve product quality and protecting the reputation of well-known trademarks in Shijiazhuang.

    The fourth chapter legal liability

    25th article violates provisions of the first paragraph of this article 16th, by the relevant industrial and commercial administrative departments at and above the county level shall order the destruction of packaging and decoration, and a fine of 10,000 yuan and 30,000 yuan fines; has illegally obtained, confiscation of illegal income and imposed illegal gains more than 1 time penalty of three times, but not more than 30,000 yuan.

    26th article violates this way 17th article specified in the second paragraph of article, third paragraph, the 19th, industrial and commercial administration departments at or above the county level shall, in accordance with the People's Republic of China advertisement law and the People's Republic of China against unfair competition act the relevant provisions in the investigation.

    27th article violates this approach set forth in 19th and 20th in the first paragraph, industrial and commercial administration departments at or above the county level shall be ordered to rectify, it fails, and fined 1000 Yuan fine.

    28th Administration for industry and commerce in the determination and protection of well-known trademarks of dereliction of duty, abuse of power, favoritism, constitutes a crime, the judicial organs shall investigate the criminal liability; a minor, does not constitute a crime, administrative sanctions by their work units or by the competent departments.

    The fifth chapter supplementary articles

    29th the measures relating to commodity trademarks shall apply to service marks. 30th article of the rules take effect on October 1, 2013.