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Recognition And Protection Of Well-Known Trademarks, Xuzhou City Approach

Original Language Title: 徐州市知名商标认定和保护办法

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Measuring and protection options in the city of Wellel

(The 10th ordinary meeting of the Government of the State of the city of Talu, 6 February 2013, considered the adoption of Decree No. 131 of 7 February 2013 by the Government of the State of the city of Wellel, which came into force on 1 April 2013)

Article 1 protects the legitimate rights and interests of prominent trademark owners, users and consumers, promotes economic development, in accordance with laws, regulations, such as the Trademark Act of the People's Republic of China, the application of the Trademark Act of the People's Republic of China, the People's Republic of China.

Article 2 Determines, use, management and protection of prominent trademarks apply.

This approach refers to all or used by natural persons, legal persons or other organizations within the city's administration, enjoys a higher reputation, knowledge of the relevant public and, in accordance with this approach, a registered trademark.

Article 3. The Business Administration of the State of Wellel is responsible for the identification and management of prominent trademarks.

Industry organizations should lead, encourage operators to register trademarks, implement the trademark strategy and nurture prominent trademarks.

Article IV. Governments at all levels should strengthen their leadership in the management of trademarks and establish and improve incentives for prominent trademarks.

Article 5 identifiers are found to be subject to voluntary, open, fair and fair principles that cannot be charged to enterprises or financed by enterprises.

Article 6 shall apply for a prominent trademark in accordance with the following conditions:

(i) The applicant is the owner of a registered trademark or right to use in the present municipal administration;

(ii) The trademark has a high degree of visibility in the relevant public or a higher market ownership rate for commodities using the trademark, with major economic indicators, such as sales of nearly three years, tax taxes, etc., ranked in the same industry in the city;

(iii) The trademark has been used for three consecutive years from the date of approval of registration;

(iv) The quality of commodities used by the trademark is consistent with the standards, the rules of service after the sale and the lack of effective complaints for nearly three years;

(v) The applicant shall have a sound management system and management body for legal or other organizations;

(vi) In almost three years, the applicant has not violated the exclusive right of a person to register a trademark and other grave violations.

A long-standing, socially recognized and used trademarks for commodity-specific goods in this city may be subject to the limitations in subparagraphs (ii) and (iii) of the former paragraph.

Article 7. Applying to the renowned trademark, the following materials should be submitted:

(i) The determination of the application by a prominent trademark;

(ii) The applicant's main qualifications certificate;

(iii) The right to trademark is a proof;

(iv) Evidence material used by trademarks;

(v) Financial audit reports for recent three years;

(vi) Relevant material to demonstrate the credibility of the trademark market;

(vii) The quality test of products for nearly three years;

(viii) Materials such as trademark management, management system;

(ix) Other relevant evidence material.

Article 8

(i) The applicant submits written requests to the district-level business administration sector and submits relevant material;

(ii) In the first instance of the application by the district-level business administration sector. In accordance with conditions, the Business Administration Department of the State of Wellu, which is not conditional, shall be communicated in writing to the applicant. After two first instances were found to be incompatible, the applicant could submit an application to the business administration in the city of Wellel. The district-level business administration and the applicant shall send the declaration to the city and business administration sector by 30 June each year.

(iii) A review of the request materials by the business administration in the city of Wellel and the consultation of the relevant sectors, industry associations, experts, academics and social groups;

(iv) The evaluation is in accordance with conditions and should be made public by 30 days. There being no objection or objection during the public statements, the business administration in the city of Well State issued a declaration of determination and issued a certificate of excellence in the city of Wellel; it was not in accordance with conditions and did not determine the grounds in writing.

Article 9. Eminent trademarks are determined annually for a period of three years, which is calculated from the date of identification. It will be necessary to continue to determine that the owner should apply for the renewal of the judgement six months before the expiry of the effective period; that the words “representative trademarks” in the city of Wellel shall not continue to be used without the application or application for adoption within the specified period.

Article 10 Eminent trademarks determine that during the period of effectiveness, the renowned trademarks, users can use the word “renowned trademarks” in the city of Wellel, in the form of packaging, babies, notes, trade instruments, advertising, exhibitions and other operational activities.

Article 11. The Business Administration of the State of Wellel has given priority to the selection of prominent trademarks as prominent trademarks in the province of Susang.

Article 12 Eminent trademarks are identified as protected during the period of effectiveness:

(i) No unit or individual shall be allowed to use the same or near-sought language as the same or similar commodity trademark, enterprise word. However, the name of the renowned trademark is the exception of the lake of the River River, the Sichuan, the Metropolitan and the specific geographical location or the name of animal, plant and fauna;

(ii) No unit or individual shall unauthorized use of the name, packaging, loading, or his or her close name, packaging, babies;

(iii) No unit or individual shall undermine the reputation of prominent trademarks, including by dedicate.

(iv) Other protection measures under laws, regulations and regulations.

Article 13 Eminent trademarks and users should comply with the following provisions:

(i) The use of prominent trademarks is limited to the authorized use of trademarks and approved commodities;

(ii) A change in the registration of trademarks by the owner in accordance with the law, which will be sent within 30 days of the date of approval to the Chamber of Commerce and Industry Administration;

(iii) Eminent trademarks may be used by the owner to license the other person in accordance with the law, and to report back to the business administration sector of the city of Wellel within 30 days of the date of the licence contract;

(iv) The transferee shall, in accordance with the provisions of this approach, apply for the determination of the owner's trademark when it is transferred by law;

(v) Enhance internal management and self-protection of trademarks, improve the quality of commodities and preserve the reputation of prominent trademarks;

(vi) Other obligations under laws, regulations and regulations.

Article 14. The commercialmarking units shall be produced in the light of the commercialmarks approved by the renowned trademarks and approved commodities used by the designated trademark.

The trademarks are produced for the production of an identifiable mark, which shall be archived in conjunction with relevant information, such as the business licence of the owner or the person using the trademark.

Article 15. The business administration sector should strengthen the management of prominent trademarks, establish, maintain a sound management system and archives, monitor the use, protection of prominent trademarks and identify violations that undermine prominent trademarks.

Article 16 has one of the following cases, which should be withdrawn and made public notices:

(i) Accreditation by means of misappropriation, bribery;

(ii) Accompanied, false, unabated product, with substandard or non-qualified products taking advantage of qualified products that seriously undermine the legitimate rights and interests of others;

(iii) The right of the owner to register a trademark;

(iv) In addition to the extent of use of prominent trademarks and the denial of correction;

(v) In violation of other laws, regulations and regulations, there is a serious impact on the reputation of prominent trademarks.

Article 17, in violation of this approach, has one of the following acts, been corrected by the business administration at the municipal, district and district levels and fined by more than one million yen; and in the event of a serious fine of up to one million yen:

(i) Be not determined by the commercial administration of the city of Wellel or has exceeded the determination of the period of effectiveness, stating that its trademark is a prominent trademark;

(ii) Expansion of the scope of the commodities approved for the use of prominent trademarks;

(iii) The commercial logging unit has produced the word “renowned trademarks” for commodities that have not been identified as prominent trademarks”.

Article 18 has not been provided for in article 13, subparagraph (ii), subparagraph (iii), until the time specified in subparagraph (iii) of the city's industrial and industrial administration, which is responsible for the change of the duration of the period; and has been delayed by a fine of up to 1,000 dollars.

Article 19 violates this approach, and the provisions of the laws and regulations have been punished.

Article 20, the business administration sector and its staff, as well as other persons associated with the identification and protection of prominent trademarks, should be treated in accordance with the law, in the identification and protection of prominent trademarks, in the abuse of their functions, in favour of private fraud, negligence, and in the exercise of their duties.

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

Article 2