Shanghai Famous Brand Recognition And Protection Methods

Original Language Title: 上海市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/201205/20120500368179.shtml

Shanghai famous brand recognition and protection methods

    (February 20, 2012 the 135th meeting of Shanghai Municipal review on March 14, 2012, released from the Shanghai Municipal People's Government, the 82nd as of May 1, 2012) Chapter I General provisions

    Article I (purpose and basis)

    In order to standardize Shanghai famous trademark works, protection of Shanghai famous trademark owners, users and the legitimate rights and interests of consumers, promote economic development, according to the People's Republic of China provisions of the trademark law and other laws and regulations, combined with the city's actual, these measures are formulated.

    Article II (definitions)

    The Shanghai famous trademark in these measures (hereinafter "famous trademarks"), refers to the relevant public, in this city enjoys a high reputation in the market and be recognized the trademark in accordance with this regulation.

    Article III (management)

    City industry and Commerce departments are responsible for implementation of this approach.

    Economic information, business, tax, quality and technical supervision, intellectual property rights, and statistics departments in accordance with their respective responsibilities, coordinate the implementation of these measures.

    Fourth (Accreditation Committee and its working bodies)

    Famous trademark review and adjudication Board established by the municipal departments of industry and commerce organizations (hereinafter "the Panel"), which is responsible for the famous trademark evaluation.

    Review Committee composed of members recommended by the relevant departments and units of the personnel, including:

    (A) the Commission on protection of consumers ' rights and interests, the relevant industry association, Shanghai Trademark Association, representatives of social groups;

    (B) economic, legal, intellectual property, and other experts in the field;

    (C) business, statistics, quality and technical supervision and other representatives of the sector concerned.

    Reviews the Committee's daily affairs, work organization designated by the municipal departments of industry and Commerce (hereinafter "jury body of work").

    Famous members of the trademark review and adjudication Board, tenure and evaluation rules, enacted by the municipal departments of industry and commerce, and to the public.

    Fifth (basic principles)

    Famous trademark determination application, implementation of the voluntary principles.

    Famous trademark determination, follow the "open, fair and just" principles.

    The City encourages natural persons, legal persons and other organizations apply for trademark registration, increase brand awareness, creating famous trademark.

    Sixth (responsibility)

    Famous trademark owners and users should be in accordance with relevant laws, regulations, rules and standards in production and business activities, used famous brand products to ensure the quality, safety, and constantly improve the trademark use and management system, subject to public supervision, and social responsibility.

    Chapter II famous trademark determination

    Seventh (eligibility criteria)

    That meets the following conditions, the registrant can apply for the confirmation of well-known trademark:

    (A) the registrant is of the city residence, residence permits, or stake in the natural or legal persons or other organizations established according to law in this city;

    (B) the trademark is not in dispute, registered in China for 2 years and 3 years ' practical use, with high popularity among the general public;

    (C) use of the trade mark of the product quality, reliable, safe, has a good reputation in the market;

    (D) use of the trade mark goods for nearly 3 years in sales, profits, taxes and other major economic indicators in the city's leading position in the industry;

    (E) the registrant has established quality and user complaints and dispute handling system and runs good;

    (Vi) trade mark registered the trademark use and management systems have been established and runs good; (g) trademarks registered people and use nearly 3 years no serious violations.

    Applications for trademark registration of a non-profit nature finds famous trademarks, the preceding paragraph shall not apply (d) provided.

    Eighth (apply)

    City industry and Commerce departments should be announced before the end of March each year, clear when famous duration, filing of trademark applications and other matters.

    Trademark registration applications for determination of famous trademark, shall be submitted to the local district or County industrial and commercial departments identified application and demonstrate compliance with the conditions specified in article seventh related material.

    The applicant should be responsible for the truthfulness and legality of their materials.

    Nineth (admissibility)

    District or County industrial and commercial departments, delegate of the business sector, accept, take on famous brand finds that the application is inadmissible. District or County industrial and commercial departments shall, from the date of receipt of the application materials in the 30th, review the application materials are complete and make a decision on whether to accept.

    Decided to be admissible, it shall notify the applicant, and from the date of decision on admissibility in the 10th, send application materials to the Review Committee's body of work; decision inadmissible, shall notify the applicant in writing and state the reasons. Application materials need to be corrected, and district or County industrial and commercial departments shall at once inform the applicant within corrections.

    Overdue rectification by the applicant, as a waiver application.

    Tenth (verified)

    Review institution shall, upon receipt of the Committee's work, County departments of industry and Commerce submitted within 3 months of the materials, to determine whether the application meets the conditions laid down in article seventh carry out investigation to verify and submit a written report to the Review Committee.

    Working bodies of the Review Committee investigation to verify the situation, shall consult with relevant departments, industry associations, consumer protection Committee and the views of consumer representatives.

    11th (centralized review)

    Shall convene a meeting of the Review Committee, finds that the application materials and working body of the written report of the Review Committee for review and a vote. Members attend the review meeting should be more than two-thirds per cent of total number of members of the Review Committee, and by secret ballot, review committees review the vote results.

    Finds that the application is two-thirds more than the total number of members to attend the review meeting agreed that to be recognized as well-known trademarks.

    12th (written commitments and avoid)

    Members of the Review Committee shall sign an undertaking, strictly abide by the rules, norms, conservative commercial secrets of the applicant, shall not disclose information review process. Members attend the review meeting and the applicant has an interest, may affect the fairness of reviews, shall apply for withdrawal.

    Withdrawal of the members of the Review Committee, decided by the Review Committee; Chairman of the Evaluation Commission avoided, decided collectively by the jury.

    13th (results publication)

    Panel of judges should be based on the evaluation results, published the proposed determination of famous trademark of publicity.

    Self determination of famous trademark publicity release within 15th of any unit and individual agencies objected to the Review Committee in writing, and shall provide the relevant supporting materials.

    Review Commission after the Agency received objections and supporting materials, should investigation and verification in the 30th, and submit a written report to the Review Committee.

    14th (finds that notice and certificate)

    Public notice expires without objection, or disagree but finds that the objection does not stand by the Review Committee, the municipal industrial and commercial department based on the review results, determination of well-known trademark, and finds that notice of the announcement, issued certificate.

    Famous trademark certificate shall contain the trademark Registrant name, recognized trademark and the goods, matters such as the validity of use of the trade mark.

    15th (validity)

    Recognized the famous trademark is valid for 3 years, finds that calculated from the date of announcement.

    16th (continuation and transfer)

    Within 6 months before the expiry date of the famous trademarks, owners of famous trademarks to the local district or County renewal application to the Commerce Department.

    Famous trademark owners in the determination within the validity of the transfer of its registered trademark, the assignee should be re-apply for the confirmation of well-known trademark.

    Renewal of famous trademarks, re-apply for the confirmation of well-known trademark validity conditions, procedures, and so on, of this chapter set forth in seventh to 15th.

    17th (funding and use)

    Found famous trademarks of operation by the municipal departments of industry and commerce in the budget, does not charge any fees from the parties.

    The municipal administrative organs at all levels should not be used to funds or any other public resources for the famous trademark owners and users of commercial propaganda.

    Chapter III protection and administration of famous trademarks

    18th (specification for use of famous trademarks)

    Famous trademark owners and users can be found in the goods (hereinafter the "famous trademarks") carrier package and decoration and advertising used on "Shanghai famous trademark" lettering and logo; no other units or individuals are not allowed to use the "Shanghai famous trademark" lettering and logo.

    19th (recordal of the change some registered items)

    Famous trademark owner shall be altered trademark matters shall change approved by the State administration for industry and Commerce Trademark Office within 30th of, submitted to the municipal departments of industry and commerce.

    20th (the famous trade mark protection list)

    City industry and Commerce departments should prepare the publication list of Shanghai famous trademark protection, and will list a copy of the municipal and provincial industrial and commercial sectors.

    Municipal and district or County industrial and commercial departments should strengthen the infringement of famous trade mark rights to exclusive use of registered trademarks of active investigation.

    21st (protection of trade name, packaging or decoration)

    Unauthorized use of product-specific name, packing and decoration of famous trademarks, or use related to the famous brand goods name, packing and decoration, resulting in confused with this product so buyers mistakenly thought to be the product of, by the departments of industry and commerce in accordance with the People's Republic of China against unfair competition laws and other laws and regulations to deal with it.

    22nd (restrictions on the registration of enterprise names of others)

    With the famous text of trademarks identical with or similar to apply for the registration of enterprise names, belonging to the industry, the business sector and not approve; belonging to different industries, but enough to cause public misconception and may cause damage to the legal rights of owners of famous trademarks, industrial and commercial sectors are not approved.

    23rd (offsite coordination)

    Famous brand in all people because of its famous trademark of registered trademark rights outside the administrative area of the city had been violated, request for help to the city's business sector, the city's industrial and commercial departments should timely communication and coordination with the other provinces and municipalities and industry sector, and provide guidance for the parties to protect legal rights of famous trademarks.
24th (administrative control)

    Municipal and district or County industrial and commercial departments should strengthen the administration of famous trademarks, and establish and perfect the management archives of famous trademarks, supervision and check the use of well-known trademarks, guide to the protection of famous trademarks.

    Find the famous trademark owners in other sectors and users of illegal situations existed, shall promptly inform the municipal industrial and commercial sectors.

    25th (supervision)

    No units or individuals find the famous trademark owners, user existence illegal, you can complain to the business sector and related sectors, reported.

    In the course of performing their duties according to law, the consumer protection Committee, famous trademark owners or occupiers found damage to consumers ' legitimate rights and interests, he shall notify the municipal industrial and commercial sectors.

    26th (tracking of quality famous brand goods)

    Municipal departments for industry and commerce shall regularly collect relevant sector, consumer protection Committee on the quality of famous brand product information, to focus quality famous brand goods tracking survey found problems, should urge the owners of famous trademarks and use timely corrective action.

    The fourth chapter legal liability

    27th (famous trademark revoked)

    Owners of famous trademarks, use one of the following circumstances, the Review Committee, the municipal industry and Commerce departments to revoke the famous trademark, and make an announcement:

    (A) the concentration of consumer complaints, failed to properly deal with;

    (B) misuse of "Shanghai famous trademark" words, logos, or altered, the loan certificate and other documents;

    (C) submitted false materials or other fraudulent means defraud famous trademark determination; (d) the adverse social effects of famous brand product quality problems;

    (V) the occurrence of false advertising, consumer fraud and other serious violations.

    Famous brand for the preceding paragraph (a), (b) revoked for reasons, 5 years shall not apply for the confirmation of well-known trademark by the preceding paragraph (c), (d), (e) been revoked, shall not apply for the confirmation of well-known trademark again.

    Review Committee on whether or not to lift the famous trademarks there is significant dispute, may decide to set up the observation period, institutions followed by the jury, and the findings submitted to the Review Committee.

    28th (punishment for offences)

    Famous trademark owners change after the filing of applications for trademark registration and rectification by the industrial and commercial sector; it fails, and fined 1000 Yuan more than 5000 Yuan fine.

    Unauthorized use of "Shanghai famous trademark" typeface, logo, by the Commerce Department ordered corrective action, and shall also be fined a maximum of 5000 Yuan and 10,000 yuan in serious cases, fined 10,000 yuan and 30,000 yuan fine.

    29th (SSB accountable for violating)

    SSB has one of the following, by the municipal industry and Commerce departments to revoke their membership, and make an announcement:

    (A) participate in the review, to seek illegitimate interests;

    (B) the conflict of interest and confidentiality regulations, adversely affected;

    (C) without any justified reason, refuses to participate in the review.

    30th (administrative)

    Industrial and commercial departments and their staff, one of the following circumstances, by its superior organ or supervisory organs shall be ordered to correct and shall be directly in charge of personnel and other persons directly responsible for disposal constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) without good reason, refuses to accept the famous trademark application;

    (B) violation of prescribed procedures, determination of well-known trademark;

    (C) failing to perform their duties of protection and administration of famous trademarks;

    (D) other acts of dereliction of duty, abuse of power, favoritism.

    The fifth chapter by-laws

    31st (service marks)

    These measures relating to commodity trademarks shall also apply to service marks.

    32nd (execution date) These measures shall take effect on May 1, 2012. Famous trademarks identified before the implementation of these measures, within the time limit in the original determination remains in force.