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Determination And Protection Of Famous Trademarks In Guizhou Province Approaches

Original Language Title: 贵州省著名商标认定和保护办法

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Identification and protection of well-known trademarks in precious states

(Adopted by the 57th Standing Committee of the People's Government of Honour, 1 February 2012 No. 135 of 15 March 2012 for publication of Government Order No. 135 of 1 May 2012)

Chapter I General

Article 1 protects the legitimate rights and interests of prominent trademarks, users and consumers in the provinces of Honour, preserves the credibility of trademarks, improves the quality of goods and services and the visibility of trademarks, promotes economic and social development, in accordance with the laws, regulations and regulations such as the Trademarks Act of the People's Republic of China, the Trademarks Act of the People's Republic of China.

Article 2 Eminent trademarks in Honours refer to the high reputation in the market, which is known to the relevant public and is validated by this approach.

This approach applies to the determination, management and protection of well-known trademarks in the provinces' executive region.

Article 3 is responsible for the identification, management and protection of well-known trademarks in the provinces of Honour, and for the management and protection of well-known trademarks in the Principality of the Territory and to assist in the identification process.

Relevant sectors such as economic and informationization, science and technology, finance, commerce, tax, quality technical supervision, intellectual property rights, within their respective responsibilities, are identified and protected by well-known trademarks in precious states.

Article IV found the well-known trademarks of the Länder in accordance with the principles of voluntary applications and public, fair, fair and good faith.

Article 5 Government of the people at the district level encourages trademarks to create well-known trademarks in the provinces of Honour and to give visibility and incentives in accordance with the relevant provisions of the State, the province.

Chapter II Application and determination

Article 6

The office of the Evaluation Committee is responsible for reviewing the application of identification materials by prominent trademarks in the provinces of Honour and assuming review of first instance, review of objections and other work carried out by prominent trademarks in the provinces.

The municipality, the State and the Business Administration are responsible for the review of prominent trademarks in the Principality of the Territory, the review of the field, the review of the field review of the field, and the supervision of the district-level Business Administration in the first instance of prominent trademarks within the Territory.

Article 7. The Evaluation Committee consists of representatives of relevant sectors, such as business, economic and informationization, science and technology, finance, commerce, tax, quality technical supervision, intellectual property, and legal, scientific and technological, economic, etc.

Article 8

The applicant and the stakeholder considered that the members of the Evaluation Committee were in the interest of the well-known trademarks in the pre-stigated provinces of the Länder, who had applied.

The evasion of the members of the Evaluation Committee was decided by the Director of the Evaluation Committee; the avoidance of the Director of the Evaluation Committee was determined by the Panel's collective discussions.

Article 9. The application for the identification of the famous trademarks in the State may be made by the owner of the trademark or co-sponsored by the owner and the exclusive licensor.

Article 10 shall apply for the identification of a prominent trademark in the State of the following conditions:

(i) The mark registration address within the territorial administration;

(ii) The trademark shall be used for more than two years from the date of registration and shall remain in force without the right to be contested;

(iii) The trademark enjoys a higher reputation in the market, knowing the relevant public, good quality and stability of goods or services;

(iv) The main economic indicators, such as the goods approved by the trademark or services used for almost two years, represent the leading position of the same industry in the province;

(v) The applicant has a trademark management system and a trademark use management system.

Article 11. Applications for the identification of an application for a trademark by a prominent trademark in the State of origin, but the applicant has registered multiple trademarks in the same category of different commodities or services projects.

Article 12 Advantaged trademarks in the Principality should be reproduced for confirmation.

Article 13 requires the identification of well-known trademarks in precious states and shall submit the following materials:

(i) “Option of the application by the famous trademarks of the Länder;

(ii) A copy of the business licence signed by a trademark owner, a copy of the chapter, a copy of the other subject matter certificate and a copy of the commercial mark registration certificate;

(iii) Annual production, sale, sale, sale of regional, sales, taxation, major economic indicators and commodity quality, security conditions and advertising, inputs for nearly two years of use of the trademark commodities or services;

(iv) The registration, use, management and protection of the right of the trademark owner to the mark;

(v) The commodities approved by the trademark are subject to a production licence, a mandatory product certification, and the related certified material such as a production licence certificate, a mandatory product certificate;

(vi) Other material that is known to the trademark can be proved.

The Eminent Businessmarks in Hindu Province have been developed by the Provincial Business Administration Authority and published by the portal, which can be downloaded free of charge.

Article 14.

Article 15. The District-level Business Administration shall conduct first instance and field verifications within 20 days of receipt of well-known trademark applications from the provinces of Chiang State, in accordance with conditions, to be sent to the city, the State and the Business Administration, and to return requests and written reasons. The Municipal, State and Business Administration reviews the application materials within 20 days of the receipt of the material from the county-level business administration, and the need to review the material on the ground, in accordance with the conditions, to report to the Evaluation Board; to return requests and to make written statements.

The applicant should be informed once that the applicant needs to be in a position to do so, and that the applicant should do so within 5 days, and that the request for no replacement is considered as withdrawn.

Article 16 provides for a review of the application material within 60 days from the date of receipt of the publicly known trademarks sent by the municipality, the State and the Business Administration, which is in accordance with the conditions for the evaluation of the evaluation board; the non-conditional, return requests and written reasons.

The applicant may apply for review to the Evaluation Board office within 15 days of the date of receipt of the notification. The Office of the Evaluation Committee took a decision on the review of objections within 30 days of the date of receipt of the application for review, the reasons for the application were established, the evaluation of the Evaluation Committee, the reasons for the application were not established, the request was returned and the reasons for writing.

The applicant shall not apply for a review of the objection to the office of the Evaluation Committee.

Article 18 assesses the well-known trademarks in the provinces of Honour, which are not less than 45 members per member present at the evaluation meeting, and members other than the business administration are not less than one third of the number of members present at the evaluation meeting and adopted by more than 2/3 members present at the evaluation meeting.

Article 19, which was evaluated by the Evaluation Committee as a prominent trademark in the provinces of Honour, was published by the Provincial Chamber of Commerce and Industry Administration in the provincial media by a statement of 15 days, contested in the public gallery period and was established by the provincial and commercial administration to investigate the content of the objection, not to be found to be a prominent trademark in the prestigious provinces of Honour; no objection was established or was not contested during the public demonstration period, and to issue a directory certificate of excellence in the provincial media.

The office of the evaluation board shall notify the applicant in writing and explain the reasons.

Article 20 of the application for prominent trademarks in the Honours Province was determined to be completed by 31 December of each year from 1 April to 30 June.

The distinguished trademarks in Hindu Province were valid for four years and the period of effectiveness was calculated as from 1 January of the previous year.

Article 21 determines the costs of evaluation, announcements, etc. required by prominent trademarks in the Principality Province, to be included in the budget of the provincial financial sector; no fees shall be charged or charged to the applicant.

Chapter III Continuation of application

Article 2 of the Act of 30 June 2008, the owner of the famous trademarks in the Honduran Province may apply for continuation, with an effective period of four years. No extension was made later, the famous trademarks of the Honduran province were automatically ineffective and were made public by the Provincial Business Administration in the provincial media.

Article 23 requests for the continuation of the identification of well-known trademarks in precious states and shall submit the following materials:

(i) “Support of the application by the famous trademarks of the Honour State”;

(ii) The applicant's main qualifications certificate;

(iii) The Commercialmark Registration Certificate and its changes and the photocopy of the extension documents;

(iv) A major economic indicators such as sales, tax taxes, and quality of goods or services, security conditions for the three years that have been used by prominent trademarks in precious states.

Article 24 shall apply for the continuation of prominent trademarks in the provinces of Honour and shall apply to the City, the State and the Business Administration, in accordance with the relevant provisions of Articles 15 to 19 of this scheme.

Chapter IV Use, management and protection

Article 25 Eminent trademarks in the Principality Province are used for the identified commercialmarks and approved commodities or services.

Article 26, in an effective period, the owner of the famous trademarks in the Principality Province, the users of the goods and packagings identified by the prominent trademarks, bribes, notes, correspondence, transactions instruments, e-mails, advertising, exhibitions and other operational activities are able to use the well-known trademarks or identifiers of the State.

The well-known trademarks or identifiers in Hindus may not be borrowed, rented to others.

Article 27 contains one of the following cases, and shall not be used in the name or mark of a prominent trademark in the State of origin:

(i) No well-known trademarks are found to be in the Honduran province;

(ii) The scope of commodities or services beyond the well-identified trademarks of the Honduran State;

(iii) The expiry of the period of operation of the famous trademarks in the provinces of Honours or the continuation of the application was not approved;

(iv) The registration trademarks applicable to prominent trademarks in the provinces of Honours are removed by law;

(v) The famous trademarks of the Honduran province were cancelled.

No unit or individual shall be forged, unauthorized in the form of a famous trademark or mark in the predominant state.

Article 28, the owner of the famous trademarks in the Principality Province, licenses the other person to use the prominent trademarks in his or her prestigious province, which is submitted to the Evaluation Board within 60 days of the date of the entry into force of the licence.

The name and address of a prominent trademark owner in the provinces of Honour shall be sent to the office of the Evaluation Committee within 60 days of the date of approval of the change.

Article 29 is one of the following cases, with the provincial and industrial administration to withdraw prominent trademarks from the provinces and to make public announcements in provincial media:

(i) Access to well-known trademarks by means of deception, such as the provision of false documentation;

(ii) The abuse of commodities, in turn, to deceive consumers;

(iii) During the period of effectiveness, the well-known trademarks in the Honour Province no longer have the well-known trademarks required by this approach;

(iv) Removal of their deadlines beyond the authorized scope of use;

(v) Other violations of laws, regulations.

The famous trademarks of the Honduran province have been removed and no prominent trademarks are found to be prominent in the Honduran province within three years from the date of withdrawal.

Article 33 of the provincial and business administration authorities regularly publish a directory of prominent commercialmarks in the provinces of Honours and copirate the implementation of priority protection in the relevant sectors and at all levels of business administration.

Article 31 protects the prominent trademarks of the Honourable State:

(i) The famous trademarks in the provinces of Honour shall be registered in the same manner as the well-known trademarks of the Honduran province or in the nearest language as the name of the enterprise, in the same industry, inadmissibility of the business administration sector;

(ii) The main parts of the domain name and the unregistered trademarks shall not be replicated and redirected to the famous trademarks in the Honduran State, and shall not imply a link between their well-known trademarks in the Honduran State, and shall not diminish the value of the well-known trademarks in the Principal Province;

(iii) The famous trademarks in the provinces of Honour are infringed outside of the province, and the Business Administration of the province can provide evidence of the provision of advice, guidance and assistance.

Any unit or person considered that the famous trademarks of the State of origin are not in accordance with the conditions laid down in this scheme, shall be entitled to report or complain, and the business administration shall be treated in accordance with this approach.

Article 33 determines, administers and protects well-known trademarks in precious states, involving commercial secrets and should be confidential.

Chapter V Legal responsibility

Article 34, in violation of article 26, paragraph 2, and article 27 of the present approach, is corrected by an act of responsibility for the business administration at the district level and by a fine of up to 3,000 dollars, depending on the circumstances.

Article XV, in violation of article 28 of this approach, provides for a warning by the sector of business administration at the district level, for a period of time being converted, and a fine of up to 5,000 yen was imposed by over 5,000.

Article 36, in violation of article 31, paragraph 2, of the scheme, imposes a fine of more than 3,000 dollars for the business administration at the district level.

Article 37 Staff members of the business administration and the evaluation board, in the identification, management and protection of well-known trademarks in the provinces of Honours, abuse of authority, provocative fraud, mal-performance and non-performance, have not been criminalized and are subject to administrative disposition by law.

The members of the Evaluation Committee have the prior provision of the conduct and the removal of evaluation qualifications.

Annex VI

Article 338 has been identified as a prominent trademark in Honours prior to the operation of this approach and continues to be effective in the effective period.

Article 39 of this approach is implemented effective 1 May 2012.