Recognition And Protection Of Well-Known Enterprises In Xuzhou City Size Approaches

Original Language Title: 徐州市企业知名字号认定和保护办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387164.shtml

Recognition and protection of well-known enterprises in Xuzhou city size approaches (February 6, 2013 Xuzhou Government 10th times Executive Conference considered through February 7, 2013 Xuzhou Government makes 132th, announced since April 1, 2013 up purposes) first article to protection Enterprise intellectual property, specification Enterprise well-known font size of finds, and using and management, encourages enterprise using original font size, maintenance Enterprise lawful rights and interests of, according to People's Republic of China anti-not due competition method, and Enterprise name registration management provides, legal, and regulations, combined this city actual,

    These measures are formulated.

    II enterprises within the administrative area of the city known font identification, use, management and protection, these measures shall apply.

    Enterprises known size in these measures refers to legally registered by the municipal and county-level industry and Commerce administrative departments approved, enjoy a relatively high reputation, well known to the public, significantly different from other iconic characters, and found it in accordance with this approach the enterprise size.

    Article Xuzhou industrial and commercial administrative department is recognized by the company well-known font size departments responsible for well-known name identification, use, management and conservation.

    Relevant administrative department in accordance with their respective responsibilities, the cultivation and protection of known size of enterprises.

    Article fourth related industry organizations should guide enterprises to self-discipline, self regulating, self management, promote the use of enterprise original size, innovative brands.

    Article fifth Enterprise cognizance of well-known font size should respect history, voluntariness, principles of openness, fairness and justice, and shall not charge or accept corporate support to enterprises.

    Sixth company well-known font size should meet the following conditions:

    (A) enterprises registered in this city;

    (B) the enterprise code using more than three years in a row;

    (C) the corporate name authority, well known to the public, with a higher degree of market awareness and credibility;

    (D) sales (sales) amount, tax and market share of main economic indicators in the past three years leading the industry in this city;

    (E) have a sound management system, accident-free for three consecutive years;

    (F) has a perfect after-sales service, effective complaint rate is low;

    (G) the enterprises operate in accordance with law and as well, so no serious credit for the three years in a row.

    Seventh under any of the following circumstances, shall not be regarded as business well-known font size:

    (A) General administrative division name or its abbreviation, place names, commonly known as;

    (B) the rivers and lakes, mountains and rivers, historical sites and unique geographical or animal and plant names;

    (C) with other well-known trademarks and famous trademarks, well-known trademarks and famous trademarks, well-known font size the same or a similar text;

    (D) the General or public interest character of text;

    (E) violation of national laws, regulations and rules under other circumstances.

    The preceding paragraph (a), (b), (d) the provisions for historical forms and in actual use has been well known to the public except for the font size.

    Eighth Enterprise famous font size the applicant shall submit the following materials:

    (A) enterprises famous font identified applications;

    (B) the enterprise registration authority to approve the use of the starting time of the size of enterprises related (notice of name pre-approval copies or initial use the size of the Enterprise name registration certificates);

    (C) copy of the seal of the enterprise's business license;

    (D) enterprises in the past three years issued by the accounting firm revenue, total profit, tax amount, net profit, and other content of the audit report;

    (E) the enterprise's basic situation as well as city-level Enterprise honorary title or prize-related materials;

    (F) the city-level departments in charge of industry, industry associations and other relevant authorities, agencies of the enterprise issued by main economic indicators in the city in the past three years ranked in the industry note or certificate;

    (G) related to product quality (service) management system certification certificate or the enterprise code management system;

    (VIII) issued by the local consumers ' Association nearly three year goods (services), proof of the quality of consumer complaints;

    (IX) other related material.

    Nineth group or parent and subsidiary companies, and company name to use the same font size, by the Group's core businesses recognized by well-known font size or its parent company as a corporate applicant, after they have been identified, the Group's core business or all of parent company famous for the enterprise size.

    Article tenth Enterprise finds the well-known font sizes in accordance with the following procedure:

    (A) the company well-known size, finds that the application writing to the registration authority;

    (Ii) registration authorities to review the submitted materials, which county-level registration authority considered in accordance with the regulations, submit Xuzhou industrial and commercial administration sector;

    (C) Xuzhou industrial and commercial administrative departments to review the application materials, and in consultation with relevant administrative departments, industry associations and the views of experts and scholars;

    (D) review of eligible, published by Xuzhou industrial and commercial administrative departments to consult bulletins consulted within three months after the announcement without objection or opposition is not established, published finds that notice and issue a certificate of the well-known enterprises in Xuzhou city size. Article 11th well-known font size for three years, finds that calculated from the date of announcement.

    Three months before the expiry of the well-known font size for new finds can be applied for all, through accreditation, certificate of reissue of the well-known enterprises in Xuzhou city size.

    12th in Xuzhou city administration for industry and commerce shall establish a company well-known font database, input companies known information about the font size.

    13th accredited businesses well-known font size, in its period of validity, subject to the following protection:

    (A) without permission from the owner well-known font size the business applicant applications will work with companies in the same industry leading font size the same or similar text, as used by enterprise size, inadmissible in a city-wide approval and registration;

    (B) without the permission of well-known font size for all enterprise, applicants apply in different industries and enterprises ' well-known font size the same or similar text to be used as the enterprise size, may give rise to misunderstanding by the public, is not approved and registered in the city;

    (C) according to Xuzhou city administration for industry and Commerce and other font protection agreement signed between the municipal administration for industry and Commerce Department, protected by the joint between the interurban. Business well-known font before finds, the city's other enterprises, the self-employed, farmers ' professional cooperatives has been with the same or similar text to be used as the font size, you can continue to use.

    But shall not use advertisements or other means to conduct mistake, misunderstandings, false propaganda.

    Article 14th well-known font size for all on plaques, packaging and instructions marked on the "well-known enterprises in Xuzhou city size" words, advertising.

    Encourage access to well-known font size of enterprise development chain or franchise business.

    15th under any of the following circumstances, Xuzhou municipal administration for industry and commerce shall revoke business well-known font sizes and make an announcement:

    (A) obtained by fraud, bribery or other improper means well-known font size of enterprises;

    (B) serious harm to consumers and the legitimate rights and interests of other operators have an adverse social impact;

    (C) loss of businesses well-known font size which is recognized;

    (D) violation of laws, regulations and rules under other circumstances.

    According to the provisions of the preceding paragraph are well-known font size of enterprise, not again finds that the application in three years.

    16th industrial and commercial administrative departments at and above the county level shall be responsible for enterprise well-known font size for dispute mediation.

    17th have not acquired or has lost his "well-known enterprises in Xuzhou city size" in the plaques, packaging, decoration, manuals, trading instruments, as well as other business activities from a "well-known enterprises in Xuzhou city size" of advertising, industrial and commercial administration departments at or above the county level shall be ordered to rectify, and a fine of 10,000 yuan and 30,000 yuan fine. 18th article this way come into force April 1, 2013.