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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387212.shtml

Recognition and protection of well-known trademarks, Xuzhou city approach (February 6, 2013, Xuzhou city people's Government Executive meeting of the 10th through February 7, 2013 131th, Xuzhou city people's Government promulgated as of April 1, 2013), Xuzhou city, first in order to standardize the well-known trade mark (hereinafter referred to as well-known trademarks) identification, use and management, protection of well-known trademark owners, users and consumers ' legitimate rights and interests, improve the market competitiveness of well-known trademarks, promote economic development, according to the People's Republic of China trademark law, and the

    People's Republic of China implementing regulations of the trademark law and other laws and regulations, combined with the city's actual, these measures are formulated.

    Article identification, use, management and protection of well-known trademarks, these measures shall apply.

    Well-known trademarks mentioned in these measures refers to in the administrative area of the city within the natural person, legal person or any other organization or used, enjoyed a high reputation, known by the relevant public and be recognized registered trademarks in accordance with these measures.

    Article in Xuzhou city administration for industry and commerce is responsible for the determination and administration of famous trademarks.

    Relevant industry organizations should guide and encourage operators of registered trademarks, the implementation of brand strategy, cultivating well-known trademarks.

    People's Governments at all levels should step up to the mark IV management leadership, establish and improve the incentive mechanism of well-known trademarks.

    Article fifth famous trademark determination of voluntariness, the principle of openness, fairness and justice, and shall not charge or accept corporate support to enterprises.

    Article sixth of well-known trademarks, shall comply with the following conditions:

    (A) the applicant is within the administrative area of the city has valid and non-operators of dispute of ownership or the right of a registered trademark;

    (B) the mark has high visibility in public, or use the trademark of the commodities have a high market share, nearly 3 years of sales, taxes, industry, and other key economic indicators in the forefront;

    (C) the trademark from the date of registration for 3 years in a row;

    (D) use of the trade mark commodities meet quality standards, service specifications, for nearly 3 years without major complaints;

    (E) the applicant is a legal entity or other organization, there should be a sound management system and management structure;

    (Vi) the applicant within the last 3 years without infringement of registered trademark rights, and other severely illegal business.

    Has a long history and recognized by the community, has the characteristics of the goods, the city uses the trademark, is not subject to the preceding paragraph (b), (c) the condition of.

    Article seventh well-known trademarks, shall submit the following materials:

    (A) the well-known trademark applications;

    (B) applicant qualification certificate;

    (C) proof of trademark ownership;

    (D) the trade marks proof of use materials;

    (E) the last 3 years annual financial audit report;

    (Vi) that the market reputation of the trademark-related materials;

    (G) for nearly 3 years product quality inspection qualified certificate;

    (H) the brand management structure, management system and so on;

    (IX) other relevant supporting documents.

    Eighth well-known trademark procedures:

    (A) applicants who apply in writing to the local industrial and commercial administrative departments at the county level, and submit related materials; (B) industrial and commercial administrative departments at the county level on the application at first instance. Eligible, Xuzhou city industrial and commercial administration sector; do not meet the conditions, and shall inform the applicant in writing. After two were identified as ineligible in the first instance, the applicant may apply to the Xuzhou industrial and commercial administrative departments.

    County industrial and commercial administration departments and applicant declarations submitted should be before June 30 of each year, Xuzhou city administration for industry and commerce.

    (C) Xuzhou industrial and commercial administrative departments to review the application materials, and in consultation with relevant departments, industry associations, experts, academics and community groups; (D) accredited qualified, should be publicized, publicity for 30th.

    Public notice period without objection or opposition is not established, published by Xuzhou industrial and commercial administrative departments found that notice and issue a certificate of the well-known trademarks in Xuzhou city; do not meet the conditions will not be found, and shall inform the reason. Nineth well-known trademarks identified on an annual basis, and is valid for 3 years from the date on which the determination.

    To maintain that the expiration of well-known trademark owner shall, before the expiry of 6 months to apply for renewal of identification; not within the time stipulated in the application or the application is not approved, do not continue to use the "well-known trademark in Xuzhou city".

    Article tenth well-known trademarks within the validity period, well-known trademark owner, use can use approved product packaging and decoration, brochures, trade documents, advertising, exhibitions and other business activities using the "well-known trademark in Xuzhou city".

    11th recommended Xuzhou industrial and commercial administrative departments to give priority to well-known trademarks as famous brand of Jiangsu Province.

    12th under well-known trademarks within the validity of the following protection: (A) any entity or individual may unlawfully with the well-known trademarks identical or similar words as trademarks, enterprise size use of identical or similar goods.

    However, well-known trademarks in the text of rivers and lakes, mountains and rivers, historical sites and unique regional plants or animals, except for the name of;

    (B) any units and individuals are not allowed to use the famous brand product-specific name, packaging or decoration, or approximate the name, packaging or decoration;

    (C) no unit or individual is allowed to demonize, slander or damage the reputation of well-known trademarks.

    (D) the laws, regulations and other protection measures under the regulations.

    13th famous trademark owners and users should comply with the following provisions:

    (A) use of well-known trademarks in order to authorize the use of trademarks and approved use of the commodity are limited;

    (B) the well-known trademarks in all matters for trademark registration shall be altered, from the date of approval of changes submitted to the Xuzhou city industrial and commercial Administration Department within the 30th record;

    (C) the well-known trademark owner licenses another person to use, in accordance with law for the licensing procedures, and to conclude a licensing contract submitted within 30th of Xuzhou industrial and commercial administration departments for the record;

    (D) well-known trademarks owners legally transfer their trademarks, the assignee shall, in accordance with this Regulation apply for the confirmation of well-known trademark;

    (E) strengthening internal management and protection of the mark, improving product quality and protecting the reputation of well-known trademark;

    (F) the laws, regulations and other obligations under the regulations.

    Article 14th printing company should be approved using the well-known trademarks trademarks and printed within the approved range of commodities "in Xuzhou city famous trademark".

    Trademark printing company printing of well-known trademarks, trademark owner or occupier shall be the business license copy of well-known trademarks, trademark printing power of Attorney, certificates and other relevant information with respect to the archive.

    15th industrial and commercial administrative departments should strengthen the management of well-known trademarks, establish and improve the management system and archive, supervision and inspection of the use and protection of well-known trademark, and well-known trademark infringement damages.

    16th under any of the following circumstances, the well-known trademark should be revoked, and make an announcement:

    (A) obtained by fraud, bribery or other improper means well-known trademarks;

    (B) the adulterate product, shoddy, shoddy or substandard products as qualified product, serious damage to the legitimate rights and interests of others;

    (Iii) well-known marks all violations of the right to exclusive use of registered trademarks of others;

    (D) beyond the scope of the use of well-known trademarks and refuses;

    (E) violation of laws, regulations and rules under other circumstances, seriously affecting the reputation of the well-known trademark.

    17th article in violation of these regulations, any of the following acts, the municipal and county level administration for industry and commerce shall be ordered to correct, and a fine of 1000 Yuan and 10,000 yuan fine; the circumstances are serious, fined 10,000 yuan and 30,000 yuan fines:

    (A) without the validity of Xuzhou industrial and commercial administrative departments or over found, says its trademark as a well-known trademark;

    (Ii) expanding the use of well-known trademarks approved used range;

    (C) the trademark printed units without access to well-known trademarks goods printed "in Xuzhou city famous trademark".

    Article 18th in the 13th paragraph (ii), (iii) entry deadline for Xuzhou city industrial and commercial administration departments for the record, shall be ordered to correct within; it fails, and fined 1000 Yuan fine.

    Article 19th acts in violation of these measures, laws and regulations have been penalties from its provisions.

    20th industrial and commercial administrative departments and their staff, as well as with well-known trademarks and protection of other personnel related to the work on determination and protection of well-known trademarks, abuse of power, deception, negligence, they shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    21st article this way relating to commodity trademarks shall, apply to service marks. 22nd article this way come into force April 1, 2013.