Determination And Protection Of Famous Trademarks In Shenyang City Approach

Original Language Title: 沈阳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/201110/20111000351928.shtml

Determination and protection of famous trademarks in Shenyang city approach

    (April 6, 2011, Shenyang city people's Government at the 50th Executive meeting April 18, 2011, Shenyang city people's Government announced as of June 1, 2011, 23rd) Chapter I General provisions

    First in order to standardize the Shenyang city famous trademark, protect the legitimate rights and interests of Shenyang city famous trademark owners, to promote economic development, according to the People's Republic of China trademark and the People's Republic of China implementing regulations of the trademark law and other relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.

Second approach applies to the administrative area of the city of Shenyang city famous trademark in the identification, protection and management. Shenyang city famous trademark mentioned in these measures refers to enjoy high reputation in the market, is well known to the relevant public's registered trademark.

    Including trademarks and service marks.

Article rests with the municipal administration for industry and commerce, Shenyang city famous trademark identification and protection.

    Quality and technology supervision, internal revenue service, tax, customs and food and drug supervision, intellectual property management and related industry associations should be in accordance with the Division of responsibilities, determination and protection of famous trademarks in Shenyang.

    Fourth, Shenyang city famous trademark determination of voluntariness, the principle of openness, fairness and justice.

    Fifth of municipal, district and County (City) establishment and application of Shenyang city people's Governments shall encourage trademark owners famous trademarks, to recognize and reward outstanding units and individuals.

    Chapter II, Shenyang city famous trademark determination

Sixth application for determination of Shenyang city famous trademark should comply with the following conditions:

(A) the applicant is an owner of a registered trademark, and is legally registered in the city of enterprises, institutions, social organizations, individual businesses;

(B) the trademark from the date of registration for use over 1 years, and there is no dispute;

(C) use of the trade mark of the goods meet international or national advanced quality standards, and stable quality, good after-sales service;

(D) use of the trade mark of the goods or services with high visibility and good reputation in the market;

(E) goods or services using the trademark of production, sales, taxes, market share, market coverage, all major economic indicators are among the best in the industry in the city;

(F) the applicant in production and business activities in strict trademark use, management and protection systems;

    (G) the applicant has no violations of the right to exclusive use of registered trademarks of others.

Article seventh identified, Shenyang city famous trademark should be filled in Shenyang city famous trademark application form, to the area, and County (City) Administration for industry and Commerce submitted the following information:

(A) the business license or qualification certificate;

(B) the certificate of trademark registration, renewal, transfer and change;

(C) apply for the confirmation of registered trademark designs and trademarks of actual use patterns;

(D) use of the trade mark for goods or services, in nearly 3 years of production, sales, taxes, market share, market coverage, all major economic indicators and the sort of industry in this city or other material can prove that the famous trademark;

(E) trademarks management and protection system for the use of written materials, including the construction of the system of internal management, staffing and information material. Two copies of application materials submitted by the applicant, as well as electronic text materials.

    Application materials should be true, not fraud. Article the applicant considers its trademarks in accordance with the provisions of article sixth, can contribute to the region or County (City) finds that the application of the industrial and commercial administration departments made his famous trademark.

    District and County (City) famous trademark determination, Shenyang industrial and commercial administrative department shall accept applications within 15 working days from the date of first instance, and to meet the identified criteria, submitted to the municipal administration for industry and commerce, together with application materials; does not meet the conditions for Shenyang city famous trademark determination, shall return the application materials, and inform the applicant in writing would not be recognized by the reasons.

Nineth of municipal administration for industry and commerce to review the material submitted by the applicant, and to the city of quality and technical supervision, tax, land tax, customs and food and drug supervision, intellectual property management and related industry associations consulted identified or not identified decisions made within 3 months.

    On determination of Shenyang city famous trademark, to Shenyang city famous trademark certificate, plaque, and at the municipal level the main announcements in the media. Tenth, Shenyang city famous trademark notice valid for 3 years.

    Expiration date needs to maintain that, reviewed by the municipal administration for industry and commerce, to meet the conditions of famous trademark of Shenyang, municipal administration for industry and commerce shall approve the extension and notice does not meet the conditions for Shenyang city famous trademark determination, inform the applicant in writing is not reason to continue.

    Chapter III of Shenyang city famous trademark protection

11th, Shenyang city famous trademark owners, users, within its approved use of the registered trademarks of goods or service packaging, decorating, instructions, use in advertisements, exhibitions and other commercial activities ", Shenyang city famous trademark".

    Guilty according to law in any unit or individual is allowed to use "famous trademark in Shenyang."

    Date of the 12th Shenyang city famous trademark bulletin, the industry may not use famous trademarks, Shenyang and the same or similar as a corporate name, or size of text, unless otherwise provided for and.

    13th as identified by the "Shenyang city famous trademark", municipal administration for industry and commerce may be preferred to the province and the State administration for industry and Commerce recommended that "in Liaoning province famous brand" and "China famous trademark".

    14th, Shenyang city famous trademark owners, users violation of legal rights outside the administrative area of the city, municipal, district and County (City) Administration for industry and commerce shall assist in the maintenance of the legitimate rights and interests.

    15th, Shenyang city famous trademark owners, users should ensure that the production and sale of goods or services, not shoddy, shoddy, infringement of the legitimate rights and interests of consumers.

16th, Shenyang city famous trademark owners the Registrant name, address or other registered matters, shall change registration date of 30th changes submitted to the municipal administration for industry and commerce within the record.

    Shenyang city famous trademark owners legally transfer the famous trademark, the trademark famous trademark qualification should be recognized once again in accordance with these measures.

    The fourth chapter legal liability

17th, Shenyang city, the famous proprietor of one of the following circumstances, the municipal industrial and commercial administration departments revoked, Shenyang city famous trademark qualification, recovery of Shenyang city famous trademark certificate, plaque, and announcements:

(A) fraud, falsification of documents of the applicant obtaining qualifications of Shenyang city famous trademark;

(B) the Shenyang city famous trademark owners beyond the approved range of goods for trademark registration, use the "Shenyang city famous trademark" typeface, logo, after rectification by the industrial and commercial administration departments are still not correct;

(C) during the period of Shenyang city famous trademark, the well-known trademark referred to poor product quality and after-sales service, or its production, sales, taxes, market share and other major economic indicators have declined, not up to the famous trademark determination condition of Shenyang;

(D) the expiry date of the Shenyang city famous trademark, the review does not comply with the provisions of article sixth;

(V) the transfer does not reconsider;

    (Vi) other circumstances of violation of laws and regulations.

    18th without the municipal administration for industry and Commerce found that unauthorized goods and their packaging, decoration, instructions, use in advertisements, exhibitions and other commercial activities ", Shenyang city famous trademark" marked by the municipal administration for industry and commerce shall be ordered to correct, and in accordance with relevant laws and regulations, shall be punished. 19th, Shenyang city famous trademark violations, the Administration for industry and commerce shall order to stop the infringing act immediately.

    No illegal proceeds in the illegal business activities, 1000 Yuan fine illegal gains, illegal income shall be confiscated, fined a maximum of more than 5000 Yuan and 10,000 yuan.

    20th industrial and commercial administrative departments in the determination and protection of famous trademarks in Shenyang, abuse of power, negligence, malpractice, by their work units or departments to administrative sanctions.

    The fifth chapter by-laws 21st article this way come into force on June 1, 2011.