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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

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Identification and protection of well-known trademarks in the city of Shein

(Adopted by the 50th Standing Committee of the People's Government of Shenung on 6 April 2011, No. 23 of the Order No. 23 of 18 April 2011, published from 1 June 2011)

Chapter I General

Article 1, in order to regulate the identification of well-known trademarks in the city of Shenung, protect the legitimate rights and interests of all prominent trademarks in the city of Shein and promote economic development, develop this approach in line with the provisions of the Trademarks Act of the People's Republic of China and the Regulations on the Application of Trademarks of the People's Republic of China.

Article II applies to the determination, protection and management of prominent trademarks in the city's administration.

This approach refers to the high degree of credibility in the market, known as registered trademarks by the relevant public. These include commodity trademarks and service trademarks.

Article III is responsible for the identification and protection of prominent trademarks in the city of Shein.

Management and relevant industry associations, such as quality technical supervision, national tax, tax, customs, food medicine surveillance, intellectual property rights and related industries, should be able to identify and protect prominent trademarks in the city of Shenung in accordance with their responsibilities.

Article IV. Shen's identifiable trademark is guided by the principles of voluntary, open, fair and fairness.

Article 5 Governments of municipalities and districts, districts and counties (markets) should encourage trademark owners to create and apply for prominent trademarks in the Shen positive city, and to grant recognition and rewards to the successful units and individuals.

Chapter II

Article 6. The application for the identification of well-known trademarks in the Shelter shall be in accordance with the following conditions:

(i) The applicant is the owner of the registered trademark and is a registered enterprise, business unit, social group, individual business and business holder under the law of the city;

(ii) The trademark has been used for more than one year after the date of approval of registration and has no right to be contested;

(iii) The use of the trademark commodities to meet international or domestic standards of advanced quality, with quality stability and good services after sale;

(iv) The use of the trademark commodities or services has high visibility and good credibility in the market;

(v) The production, sale, tax, market ownership, market coverage, and major economic indicators, such as the use of the trademark commodities or services, are among the highest in the entire market sector;

(vi) The applicant's rigorous use, management, protection system in the production of business activities;

(vii) The applicant has not violated the right to register a trademark.

Article 7. Applications for the identification of well-known trademarks in the city of Shenung should be filled with the application for the identification form of prominent trademarks in the city of Shein and submitted the following evidence to the business administration in the region, the district (commune):

(i) The Business Licence or the subjectivity certificate;

(ii) The Commercialmark Registration Certificate and changes, extensions, transfer certificates;

(iii) To apply for the identification of a sample of registered trademarks and for the actual use of trademarks;

(iv) The use of the trademark commodities or services, in the last three years of production, sales, tax, market ownership, market coverage, and other material that can be certified by the trademark;

(v) The use of written materials for the management and protection system by trademarks, including internal management, staffing and institutional construction.

The applicant submitted two applications and one electronic text material. The application shall be true and shall not be false.

Article 8. The applicant considers that its trademark is in line with article 6 of this scheme, and may submit an application for the identification of a prominent trademark to the local, district (market) business administration. Regions, districts (markets) and the business administration sector should be able to return the request materials within 15 working days of the date of receipt of the confirmation of the application by the prominent trademarks of the Shen positive city and inform the applicant in writing of the reasons for not finding it.

Article 9

A well-known trademark in the Shen positive city was awarded to the famous trademark certificates, brands, and to the main media at the municipal level.

The famous trademarks in the town of Shein are valid for three years. Effective expiration requires continued determination and, subject to review by the municipal and commercial administration, the business administration sector should grant continuity and notice; and in writing to the applicant for reasons that are not in accordance with the well-established terms of the trademark of the Shen positive city.

Chapter III

Article 11. Shein City renowned trademarks, users may use the word “known trademarks” in their registered trademarks for the packaging of goods or services approved by their registered trademarks, bricks, advertising, exhibitions and other business activities.

No unit or individual shall be allowed to use the word “known trademarks in the Shen positive city”.

Article 12 shall not be used by the same industry as the famous trademarks in the Shen positive city or in the nearest language as an enterprise name or word, except for special provisions and circumstances.

Article 13, which is determined by law by “the known trademarks in the Shen positive city”, may be recommended by the municipal business administration to the provincial and national business administration for the determination of the “known trademark” and “China's trademark”.

Article 14. Shen'a famous trademark owner, the legitimate rights of the person and the legitimate rights of the user outside the city's administrative region should assist in the maintenance of the legitimate rights and interests of the city and the district, district (market) and business administration.

Article 15. Shenung-Jin City famous trademark owner, the user should guarantee the quality of its production, sale or services, and shall not be subjected to indiscriminate, substandard and consumer legitimate rights.

Article 16 Shen, a change in the name, address or other registration matters for all prominent trademarks in the city, shall be reported within 30 days of the date of the registration.

The prominent trademarks in the Shen positive city were transferred by law to their famous trademarks, which should be re-identified in accordance with the provisions of the scheme.

Chapter IV Legal responsibility

Article 17, the known trademarks in the town of Shein are one of the following cases: the municipality and the business administration revoked the prominent trademarks in the city of Shein, recovered the famous trademark certificates in the city of Shen positive, branded and issued a notice:

(i) Candidates for false testimony and forfeiture of material to be qualified by prominent trademarks in the town of Shein;

(ii) The well-known trademarks in the Shen positive city go beyond the scope of the commodities approved by the trademark, using the term “known trademarks in the Shen positive city” and the mark, which is still not rectified after the relocation of the business administration;

(iii) During the period of effectiveness of the famous trademarks in the town of Shenung, the quality of the commodities referred to in the famous trademark and the post-removable service, or the major economic indicators, such as production, sales, tax, market ownership rates, have declined significantly, to the extent that they do not meet the predetermined conditions of prominent trademarks in the city;

(iv) The expiry of the term of entry into force of the famous trademark in the Shen positive city, which is not in accordance with article 6 of this approach;

(v) No re-identification after the transfer;

(vi) Other violations of laws, regulations.

Article 18 has not been determined by the municipal and industrial administration that the use of the term “known trademarks” in the Shen positive city has been changed and punished in accordance with relevant laws, regulations and regulations”.

Article 19 violates the right to be vested in prominent trademarks in the city, which is an immediate cessation of violations by the business administration. There was no violation of the proceeds of illegal operations, with a fine of 1000; there was a violation of the proceeds of confiscation, with a fine of €50 million.

Article 20, Staff of the business administration, in the identification and protection of prominent trademarks in Shenung, abuse of authority, negligence, provocative fraud, is subject to administrative disposition by their units or departments concerned.

Chapter V

Article 21, this approach is implemented effective 1 June 2011.