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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201207/20120700370606.shtml

Determination and protection of famous trademarks in Guizhou province approaches

    (February 1, 2012, Guizhou Provincial people's Government, the 57th Executive meeting on March 15, 2012, 135th promulgated by the people's Government of Guizhou province as of May 1, 2012) Chapter I General provisions

    First to standardize the Guizhou province found jobs, protection of Guizhou province famous trademark owners, occupiers and the legitimate rights and interests of consumers, maintain brand loyalty, brand awareness and improve the quality of goods and services, promote economic and social development, in accordance with the People's Republic of China trademark rights, the People's Republic of China implementing regulations of the trademark law and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Guizhou province refers to article II enjoys a high reputation in the market, known by the relevant public, in accordance with this approach finds a valid registered trademarks.

    Within the administrative area of the province, Guizhou province, identification, management and protection of famous trademarks, these measures shall apply.

    Third provincial industrial and commercial Administration Bureau in Guizhou province of the identification, management and conservation efforts; industrial and commercial administrative departments at and above the county level shall be responsible for the area of Guizhou province's management and protection and to assist in identification.

    Economic and information, science and technology, finance, business, tax, quality and technical supervision, intellectual property rights, and other relevant departments within the scope of their respective duties, determination and protection of famous trademarks in Guizhou province.

    Fourth section, Guizhou province famous trademark determination to follow a voluntary application and principle of openness, fairness, impartiality and integrity.

    Article fifth encourages trademark owners to create the people's Governments above the county level in Guizhou province famous trademark, for outstanding achievements, recognition and reward in accordance with relevant regulations of the State, province.

    Chapter II application and confirmation

    Sixth province administration of industry and commerce organizations to establish Guizhou province famous trademark review and adjudication Board (hereinafter the Review Committee), responsible for the Guizhou province of the judging process.

    Jury Office was set up to examine the Guizhou province applications determined to be material and take responsibility for the trial, review the objection of Guizhou province review review and other work.

    City, State administration for industry and commerce are responsible for the area of Guizhou province's review, site review; County industrial and commercial Administration Bureau is responsible for the area of Guizhou province's trial, field verification work.

    Article seventh jury consists of business, economics and information, science and technology, finance, business, tax, quality and technical supervision, intellectual property and other related departments and legal, scientific and technological, economic and other related industry representatives and experts.

    Article eighth jury member and the applicant has an interest, shall take the initiative to apply for withdrawal.

    Applicants and interested parties think jury members and their applications identified in Guizhou province has an interest, right to demand its withdrawal.

    Withdrawal of the members of the jury by the Director of the Review Committee decision; avoiding collective discussion by the jury, Director of the review decision.

    Nineth Guizhou province can apply for the confirmation of the trademark was made by or sponsored by the trademark owner and the exclusive licensee.

    Article tenth found in Guizhou Province shall comply with the following conditions:

    (A) trademarks registered address within the administrative region of this province;

    (B) the trademark from the date of registration of continuous use for more than two years and continue to be valid and no dispute;

    (C) the trade mark enjoys a high reputation in the market, known by the relevant public, a commodity or a service of good quality and stable;

    (D) the approved use of the trademark goods or services output over the past two years, sales, profits, market share and other major economic indicators took lead in the same industry in the province;

    (E) the applicant has a trademark management and brand management system.

    Section 11th found in Guizhou province implemented a trademark application, an applicant in the same category of goods or services registered on a number of identical trademarks can be applied.

    12th Guizhou province famous trademark of overdue for renewal application or transfer of ownership, new finds should be applied for.

    13th applications identified in Guizhou province famous trademark, the following documents shall be submitted:

    (A) the application form for the Guizhou province famous trademark;

    (B) signed and sealed by the proprietor of the business license copy, copies of other qualification documents with a copy of the trademark registration certificate;

    (C) use of the trade mark goods or services nearly two years of production, sales volume, sales areas, key economic indicators such as sales, profits and taxes and commodity quality, security and advertising, investment;

    (D) the proprietor of the trademark registration, use, management and conservation of materials;

    (E) the approved use of the trademark goods belonging to the production license, mandatory product certification, shall provide the certificate of production license, mandatory product certification and other relevant supporting documents;

    (Vi) other materials that can prove that the trademark famous.

    The Guizhou province famous trademark application form developed by the provincial administration for industry and commerce, and published on the portal site, the applicant can be downloaded for free.

    14th the applicant apply for the confirmation of Guizhou province in the process of going through the change of name, trademark registration, change, change material should be provided. 15th County industrial and commercial Administration Bureau of Guizhou province application materials received from the date of 20th in the first instance and field verification, eligible and submitted to the city, the State administration for industry and Commerce; does not meet the criteria, and returned to the application and state the reason in writing.

    City, State administration for industry and commerce from the date it receives the county administration of industry and Commerce submitted materials in the 20th to review the application materials is necessary should be reviewed on the ground, meet the requirements, submitted to the jury Office does not meet the criteria, and returned to the application and state the reason in writing.

    Application materials are complete required correction shall inform applicants need to profit, is everything at once, the applicant should be corrected within the 5th; not in accordance with the request for correction, deemed withdrawal of the application.

    16th-jury Office received municipal, State administration for industry and Commerce of Guizhou province found application material submitted within 60 days of the date, review the application materials, qualified, submit the review board review; do not meet the conditions, and returned to the application and state the reason in writing. Article 17th returned, review of first instance disagrees with the application of the applicant, starting from the day of receipt of the notification within 15th Office objections to the Review Committee for review.

    Jury Office from the date of receipt of the objection application for review made an objection within the 30th decision and justification of the application, submitted to the Review Committee review application unfounded, and returned to the application and state the reason in writing.

    Applicants to the jury Office objection decision to dispute a review again.

    18th-jury review, Guizhou province famous trademark, members did not attend the review meeting at a time of less than 45 people, members of the industrial and commercial administration sector review meeting attended by not less than the number of members of the 1/3 and 2/3 members to pass the above present at the review meeting.

    19th article by Review Board review for Guizhou province famous trademark of, by province Business Administration Council in provincial media Shang released publicity, publicity period 15th, in publicity period within has objections of, by province Business Administration Council on objections content for survey, objections established of, not finds for Guizhou province famous trademark; objections not established or publicity period within no objections of, in provincial media Shang released announcement and issued Guizhou province famous trademark certificate.

    Was not assessed as famous brand of Guizhou province, jury's Office shall notify the applicant in writing and state the reasons.

    20th Guizhou province famous trademark application period from April 1 to June 30, finds work to be completed by December 31 that year.

    Guizhou province is valid for 4 years from the identified January 1 the following year.

    Article 21st Guizhou Province required reviews, announcements and other costs into provincial finance department budgets and not charge or charge in a disguised form.

    Chapter III renewal application 22nd in Guizhou province before the expiry on June 30 of that year, Guizhou province famous trademark owners can seek an extension, each extension is valid for 4 years.

    Late renewal application had been filed, Guizhou province expire automatically and by the provincial administration for industry and Commerce at the provincial level shall be published in the media.

    23rd renewal found in Guizhou province famous trademark, the following documents shall be submitted:

    (A) the application form for the Guizhou province continue identification;

    (B) the applicant's qualification supporting documents;

    (Iii), amendment, renewal of the trademark registration certificate copies of the documents;

    (D) access to Guizhou province 3 years using the trademarked goods or services production, sales, profits and taxes, all major economic indicators and quality of goods or services, the security situation.

    Article 24th renewal of Guizhou province's, an application shall be submitted to the municipal, State administration for industry and commerce, in accordance with this approach 15th to 19th of related regulations.

    The fourth chapter of the use, management and conservation

    25th Guizhou province used to be considered the registered trademarks and to approve the use of goods or services.

    Article 26th within the validity period, Guizhou province famous trademark owners, who can be used in the famous trademark of products and packaging, decoration, packaging, brochures, correspondence, trade documents, email, advertising, exhibitions and other business activities used in Guizhou province text or logo.

    Guizhou province text or logo may not be lent or leased to others to use.

    27th under any of the following circumstances, Guizhou province text or logo shall not be used:

    (A) has not been identified as Guizhou province famous trademark;

    (B) out of Guizhou province identified the range of goods or services;

    (C) Guizhou province expired without extension procedures or the renewal application was not approved;

    (D) registered trademark of Guizhou province applies is revoked;

    (E) in Guizhou province is revoked.
Any unit and individual shall forge, or made without authorization in Guizhou province text or logos.

    Article 28th of Guizhou province, Guizhou province famous trademark owner licenses another person to use the trademark, the license within 60 days after the effective date of the contract submitted to the Review Committee for the record.

    Guizhou province all name and address of the registrant, shall approve changes within 60 days from the date of change of material submitted to the Review Committee for the record.

    29th under any of the following circumstances, famous brand in Guizhou province by the provincial administration for industry and Commerce revoked and shall be published in the media at the provincial level:

    (A) to provide false supporting documents such as Guizhou province of deception to obtain;

    (B) goods shoddy, shoddy, deceive consumers;

    (C) within the period of validity, Guizhou province no longer have these measures in Guizhou province condition;

    (D) permission to exceed the authorized scope of use, to order within a time limit which it refuses;

    (E) other violations of laws and regulations.

    Guizhou province is revoked, within 3 years from the date of the revocation shall not be recognized as Guizhou province famous trademark.

    Article 30th province administration of industry and Commerce published regularly in Guizhou province directory, and a copy of the relevant departments and industrial and commercial administration departments at all levels implement key protection.

    31st in Guizhou province is subject to the following protection:

    (A) the date of Guizhou province found, in Guizhou province famous trademark identical with or similar to the text as a business name registration, belonging to the industry, administration for industry and commerce shall not accept; belonging to different industries, but enough to cause the public mistaking the Guizhou Provincial famous trademark owners and cause damages, administration for industry and commerce is inadmissible;

    (B) the major part of Internet domain names and unregistered trademarks may not be copied, imitation famous brand of Guizhou province, must not suggest Guizhou province there is a connection between, must not weaken the distinctiveness of well-known trademarks in Guizhou province, Guizhou province all interests be jeopardized;

    (C) the famous trademark violations outside of the province, Guizhou province, and relevant certificates issued by provincial administration for industry and commerce, providing advice, guidance, and assist in the investigation.

    32nd no units and individuals in Guizhou province does not meet the conditions specified in these measures, to report or complain about, industrial and commercial administrative departments shall be dealt with in accordance with this regulation.

    Article 33rd identification, management and protection of famous trademarks in Guizhou province in the process involving trade secrets, should be kept confidential.

    The fifth chapter legal liability

    Article 34th in violation of the provisions of the second paragraph of article 26th, 27th, industrial and commercial administration departments at or above the county level shall be ordered to correct, subject to a fine of 5000 Yuan and 30,000 yuan fine.

    35th record of violation the rules article 28th of this approach do not, be warned by the industry and commerce administration departments at or above the county level, a rectification; fails, fined 1000 Yuan more than 5000 Yuan fine.

    36th in violation of the provisions of article 31st second, industry and commerce administration departments at or above the county level up to 5000 Yuan and 30,000 yuan fine.

    37th industrial and commercial administrative departments, members of the jury in Guizhou province famous trademark determination, management and protection, abuse, deception, negligence do not constitute a crime, administrative sanctions according to law.

    Members of the jury have the provisions of the preceding paragraph, cancel the accreditation.

    The sixth chapter supplementary articles

    38th before the implementation of these measures has been identified as the province of Guizhou, within the period of validity shall remain valid. 39th article of the rules take effect on May 1, 2012.