Recognition And Protection Of Well-Known Trademarks, Tangshan City Approach

Original Language Title: 唐山市知名商标认定和保护办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351862.shtml

Recognition and protection of well-known trademarks, Tangshan City approach

    (May 4, 2011, Tangshan City people's Government, the 51st Executive meeting on June 3, 2011 in Tangshan City people's Government promulgated as of July 15, 2011, 2011 2nd) Chapter I General provisions

    First to standardize the recognition of well-known trademarks, protection of the trademark Registrant and the legitimate rights and interests of consumers, promote economic development, according to the city's actual, these measures are formulated.

Second well-known trademarks mentioned in these measures refers to well known to the relevant public, the city enjoys a high reputation in the market and in accordance with this approach finds a registered trademark.

    Well-known trademark to be approved by the approved use of the registered trademark and commodity groups or services limited.

    Article within the administrative area of the city of well-known trademark identification, protection and management, application of this approach.

Fourth of municipal, industrial and commercial administrative departments at the county level are responsible for well-known trademark identification, protection and management.

    City and county administrative departments and social organizations shall, within their respective mandates, assist and cooperate with departments of industry and Commerce of well-known trademark identification, protection and management.

    Chapter II the determination of well-known trademarks

    Article fifth well-known trademark applications for determination of voluntariness, principles of fairness, openness and impartiality.

    Article sixth of well-known trademarks identified the object as trademarks, service marks, collective marks and certification marks.

Article seventh for well-known marks shall conform to the following conditions:

(A) the registrant is established by law within the city limits of enterprise, institution, individual, groups, associations or other organizations;

(B) the trade mark registration is approved and expires two years from date of approval;

(C) the goods referred to in the trademark quality, stability, and has a good reputation, has high visibility in public;

(D) goods referred to in the trademark sale, taxes, profit, market share and other key economic indicators in the city ahead of the similar goods;

(E) the registrant has a strict system of trademark use, protection and management;

    (Vi) the registrant has not been infringed the registered trademark rights and other violations of laws, rules and regulations of the trade marks Act.

Centralized found article eighth for well-known marks, identified on an annual basis.

    Trademark registration people think its registered trademark in accordance with the conditions specified in article seventh, can contribute to the home counties (cities, districts) finds that the application to the Administrative Department for industry and commerce.

Nineth apply for the confirmation of well-known trademark, shall submit the following documents or information:

(A) the application;

(B) the subject qualification of applicant-related documents or photocopies;

(C) the city-level departments or industry associations issued related to the quality of goods referred to in the trademark documents or information;

(D) the above city level departments or industry associations of goods referred to in the trademark issued by nearly two decades of sales, amount of tax, profit, market share, industry, and other key economic indicators in the order of precedence of documents or information;

(E) advertising of the mark;

(F) trademarks related to the use, management and protection of data;

    (G) other information associated with the brand awareness. Article tenth County (municipal and district) Administration for industry and commerce shall within 20th of well-known trademark applications received have been audited.

    Think meet the identified criteria, recommend to the municipal administration for industry and commerce; to think does not meet the identified criteria, not recommended, returning finds that the application and state the reason in writing.

Section 11th for determination of well-known trademarks trademark registrant disagrees with the decision to not recommended, since the date of the receipt of an audit opinion request for revision was submitted to the municipal administration for industry and commerce in the 15th. Municipal administration for industry and commerce shall from the date of receipt of the application for review within the 15th review decision.

Grounds established by the municipal administration for industry and Commerce handled directly finds that the application; application unfounded, inadmissible, and state the reason in writing.

    Review decision is final in the municipal industry and commerce administration. 12th of municipal administration for industry and Commerce received County (municipal and district) Administration for industry and Commerce departments recommend well-known trademark applications, should conduct research, review the application materials in the 30th, audit observations.

    To meet the identified criteria, to famous trademark Assessment Committee for review; do not meet the identified criteria, return the application materials and to state the reason in writing.

13th well-known trademark review and adjudication Board, established by the municipal administration for industry and commerce, responsible for the review work of the well-known trademark.

    Well-known trademark review and adjudication Board of staff and their qualifications, terms and procedures, stipulated by the municipal administration for industry and commerce, and reported that the municipal government for the record.

Well-known trademark review and adjudication Board shall, in accordance with article 14th determination conditions of well-known trademarks, well-known trademark applications, the municipal administration for industry and Commerce Department of audit review and other comments, demonstrate, determine whether the applicant is registered trademark of well-known trademarks entitled.

    Famous brand of well-known trademark review and adjudication Board shall be more than 4/5 people attended, and agreed with the above 2/3 attended the judges vote.

    15th of municipal industrial and commercial administration departments confirmation of well-known trademark review and adjudication Board with well-known trademarks terms, be found, Tangshan City famous trademark certificate will be issued, and notice in the newspapers at the city level; to not be recognized as well-known trademarks, return the application materials and to state the reason in writing.

    Chapter III protection of well-known trademarks 16th other enterprises in the same industry or related industries and businesses, well-known trademarks within one year before the date, will be identical with or similar to the trademark with the Word as its name, font size, and arouse public misconception, well-known proprietor of the well-known trademarks entitled to within one year of the date, apply to the municipal administration for industry and commerce to revoke its corporate name size.

    Whether it be withdrawn, decided by the municipal administration for industry and commerce.

Article 17th well-known trademark from the date of identification, other companies in the same industry and individual industrial and commercial households, with well-known trademarks identical with or similar to the text to be used as the name of the font size, and easily lead to misidentification of the public, industrial and commercial administrative department not to approve registration.

Other companies in the industry and individual industrial and commercial households, with well-known trademarks identical with or similar to the text to be used as the name of the font size, suggesting that the enterprise or individual industrial and commercial households there is a connection with the well-known trademark owners and may cause damages to the well-known trademark owners, administration for industry and commerce shall not be approved and registered.

    Registration of violation of the provisions of the preceding two paragraphs of this article, well-known to the approved and registered by the trademark owner the right to industrial and commercial administrative departments or applications to the industrial and commercial administration departments revoked.

18th under any of the following circumstances, 17th paragraph, second paragraph is not applicable:

(A) the well-known trade mark text for names of administrative divisions above the county level;

(B) the well-known trade mark text for domestic famous rivers, lakes, mountains and rivers, and names of places;

    (C) other public nature of the well-known trademarks in text.

    19th well-known trademark owner without permission are not allowed to use the well-known trademark referred to product-specific name, packaging or decoration, or of the goods using the well-known trademark name, packing and decoration.

    Well-known trademarks in the fourth chapter of the management Article 20th well-known trademark from the date of identification valid for three years. Three months before the expiry, well-known trade mark owners to County (municipal and district) Administration for industry and commerce to seek an extension, to think that meets the conditions for continued, by the County (city, district) recommend to the municipal administration for industry and Commerce administrative departments for industry and commerce; to think does not meet the conditions for continued, not recommended, and returned to the application and state the reason in writing.

Continue for a period of three years at a time.

    Well-known trademarks the expiration does not go through the extended procedures, shall not continue to use the "well-known trademark in Tangshan City".

21st well-known trademark owners in the well-known trademark referred to the packaging of goods, decorating, specifications and advertising, the use of "well-known trademark in Tangshan City".

    Commodity producers has not been recognized as well-known trademarks, Tangshan City, an operator shall not use "well-known trademark in Tangshan City".

    22nd famous trademark owners legally transfer the well-known trademarks, well-known trademarks entitled to forfeit.

Article 23rd well-known trademark owner licenses another person to use his well-known trademark in accordance with law, shall enter into a trademark use in the 30th, submitted to the municipal administration for industry and Commerce Department.

    Well-known trademark owner legally changed its name, address and other registration matters, shall from the date of change in the 30th, submitted to the municipal administration for industry and Commerce Department.

Article 24th well-known proprietor of one of the following acts, the municipal administration for industry and Commerce departments can be ordered to rectify or withdraw its well-known trademark, and make an announcement:

(A) well-known trademarks obtained through deceit or other improper means;

(B) mark well-known trade mark products do not meet the conditions specified in article seventh;

(C) exceed the approved use of the trademark goods or services using the well-known trademark;

    (D) violation of laws, rules and regulations, seriously affecting the reputation of the well-known trademark.

    25th where a well-known trademark qualification is revoked, within two years from the date of the announcement not to proceed with its well-known trademark applications.

    Article 26th counties (cities, districts), Tangshan City, industrial and commercial administrative departments should strengthen the management of well-known trademarks, regularly check the use of well-known trademarks.

    27th of municipal administration for industry and commerce should be "well-known trademark in Tangshan City", preferred to the provincial administration for industry and Commerce recommended that "famous brand of Hebei province".

    The fifth chapter legal liability

    28th article violates this way 19th, resulting in confused and well-known trademark referred to trade, by the city and county administrative departments for industry and commerce shall be ordered to desist from the illegal act, confiscate the illegal gains, according to circumstances, impose on the illegal income more than 1 time penalty of three times in serious cases can be validly revoked; sales of shoddy goods, suspected of a crime, transferred to judicial organs for handling.
Article 29th disobey article 20th, 21st paragraph, by the city and county administrative departments for industry and commerce shall be ordered to desist from the illegal act, to remove, according to circumstances, impose fines of less than 10,000 yuan and 200,000 yuan.

    30th party to specific administrative acts, may apply for administrative reconsideration or bring an administrative suit.

    If no application for reconsideration or sue or carry out a specific administrative act, specific administrative acts by the authorities apply to the people's Court for compulsory execution.

    31st industrial and commercial administrative personnel who violate the provisions of article 17th, by their work units or by the Administrative Department for industry and Commerce ordered corrective action and should not register but deliberately to register, give criticism and education in serious disciplinary sanction.

Article 32nd Administration for industry and commerce in the determination and protection of well-known trademarks beyond the terms of reference, abuse, deception, negligence, shall be given administrative sanctions; a suspected crime, transferred to judicial organs for handling.

    Well-known trademark review and adjudication Board members in recognizing well-known trademark eligibility, favoritism, bribery, cancel the membership of the Review Committee, suspected of a crime, transferred to judicial organs for handling.

    The sixth chapter supplementary articles 33rd article this way since July 15, 2011.