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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

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Means of identification and protection of prominent trademarks in Dangkoh

(Adopted by the 51st ordinary meeting of the People's Government of Tangkokang on 4 May 2011, by Order No. 2 of 3 June 2011 of the People's Government of Tangkokang on 15 July 2011)

Chapter I General

Article 1 promotes economic development and develops this approach in accordance with the practice of this city, in order to regulate the identification of prominent trademarks.

Article 2 refers to the known trademarks that are well known to the relevant public, which enjoys a higher reputation in the market and, in accordance with this approach, the registration mark.

Eminent trademarks are limited to approved registered trademarks and their approved commodity categories or services projects.

Article III defines, protects and manages prominent trademarks in the present city's administration.

Article IV is responsible for the identification, protection and management of prominent trademarks at the municipal, district and business administration.

The relevant executive and social groups of the urban, district-level people's governments should, within their respective responsibilities, assist and coordinate the identification, protection and management of prominent trademarks in the business administration sector.

Chapter II Findings of a prominent trademark

Article 5 Findings of prominent trademarks are guided by voluntary applications and principles of equity, openness and impartiality.

Article 6. Electible trademarks are identified as commodity trademarks, service trademarks, collective trademarks and trademarks.

Article 7. Eminent trademarks shall be in accordance with the following conditions:

(i) The trademark is registered with the enterprise, business unit, individual business, group, associations or other organizations established by law within the scope of this city;

(ii) The trademark shall be registered and used for two years from the date of approval;

(iii) The quality, stability and good credibility of the commodities referred to in the trademark and the high visibility of the relevant public;

(iv) The main economic indicators, such as sales of commodities referred to in the trademark, taxes, profits, market ownership rates, are leading in the same category of commodities in the city;

(v) The trademark registry has a strict trademark use, protection and management system;

(vi) The owner of the trademark was not in violation of the exclusive right of the other registered trademark and its violation of the relevant trademark laws, regulations and regulations.

Article 8. Eminent trademarks are centrally identified as one year.

The trademarker considers that its registration trademark is in accordance with the conditions set out in Article 7 of this approach, and may make the application for determination to the location's business administration sector (market, area).

Article 9 shall apply for the identification of a prominent trademark and shall submit the following documents or information:

(i) Applications;

(ii) A certificate of the applicant's main qualifications or a copy thereof;

(iii) Relevant documents or information on the quality of commodities referred to in the trademark referred to in the relevant sectors or industry associations above;

(iv) The main economic indicators, such as the above-mentioned sectors or industry associations, for almost two years of sales of commodities referred to in the trademarks, taxes, profitability, market ownership rates, etc., are relevant documents or information in the same industry in the city;

(v) Advertising trademarks;

(vi) Information on the use, management and protection of trademarks;

(vii) Other information relating to the visibility of trademarks.

Article 10. The business administration sector (markets, zones) should be reviewed within 20 days of the date of receipt of the identifier of the application. To recommend to the municipal business administration for what is considered to be eligible for determination; to the extent that they are not considered to be incompatible with the determination, to return to the determination of the application and to the written reasons.

Article 11. The licensee applying for the identification of a prominent trademark shall be subject to a decision not recommended and may submit a request for review to the municipal business administration within 15 days of the receipt of the opinion.

The municipal business administration should take a review decision within 15 days of the date of receipt of the review. The reasons for the application were established directly by the municipal business administration to accept the application; the reasons for the application were not established and the reasons for the written statement.

A review of the municipal business administration sector is final.

Article 12 Upon receipt by the municipal and business administration authorities of the application by the renowned trademarks recommended by the business administration in the district (commune, district) and the business administration sector, the request shall be investigated, reviewed and submitted a review opinion within 30 days. For the purposes of the determination, an evaluation of the Eminent Trademark Review Committee was submitted; the reclaim of the request material and written reasons for non-consensuality.

Article 13 Eminent trademark evaluation committees, established by the municipal business administration sector, are responsible for the evaluation of the markers.

The composition and qualifications, duration and evaluation procedures of the Eminent Business Approval Commission are provided by the municipal and commercial administration and are reported to the municipal government.

Article 14. The Eminent Trademark Review Committee shall review, validate the qualifications of the applicant's registered trademarks, based on the determination of the terms of the well-known trademarks, the review and evaluation of the Eminent Business Administration and other views.

The Eminent Trademark Review Committee evaluates the mark of the eminent trademark and needs to be attended by more than 4/5 participants and to obtain more than 2/3 participants in the evaluation.

Article 15. The municipal and business administration sector has confirmed that the Eminent Business Applicate Review Commission has the conditions for the selection of the renowned trademarks, which is granted to the Quarterly Business Memorial Certificate in the Metropolitan City and has issued a press release at the municipal level; reclaims of the request material and written reasons for the non-conclusive trademark.

Chapter III Protection of prominent trademarks

Article 16 is used in the same industry or in other enterprises and individual businesses in the relevant industry, within one year prior to the date of the renowned trademark, in the same name or in the nearest language of the trademark, and gives public error, the owner of the renowned trademark has the right to apply for the withdrawal of its enterprise name to the urban and commercial administration within one year of the date of the discovery of the mark. Would it be withdrawn and decided by the municipal business administration.

Article 17 Eminent trademarks, from the date of identification, with other enterprises and individual businessmen in the industry, would be used in the same or near-speaker as a name and be easily publicized and the business administration sector would not approve registration.

Other businesses and individual businessmen in different industries will be used as names in the same or near-sought language, implying that the business or individual business owner has some connections with the owner of the renowned trademark and may cause damage to the legitimate rights and interests of the owner of the renowned trademark and the business administration sector does not approve registration.

In violation of the provisions of the present article, the owner of the owner has the right to apply for the approval of the registered business administration or the municipality's business administration.

Article 18, paragraph 1, and paragraph 2, shall not apply:

(i) The language of the prominent trademark is designated by the administrative area at the district level;

(ii) The name of the prominent trademark is the name of the country's known rivers, lakes, mountainouss and monuments;

(iii) The language of the renowned trademark is other public.

Article 19, without the permission of the owner of the owner, shall not unauthorized use of the name, packaging, babies, or the name, packaging, loading and loading of the commodities referred to in the prominent trademark.

Chapter IV

Article 20 is valid within three years of the date of the determination. Within three months prior to the expiry of the effective period, the owner of the mark may apply for the continuation of the business administration in the district (market, area) and the business administration sector, which is considered to be consistent with the conditions of continuity, is recommended by the district (market, area) and the business administration sector to the municipal and commercial administration sector; and non-recommunication of claims that are not in accordance with the conditions of continuity, refunding requests and written reasons. Each continuing period is three years.

Eminent trademarks shall not continue to use the word “Adminent trademarks” for the sake of their effectiveness.

Article 21 Eminent trademarks can be used by all prominent trademarkers in packaging, babies, notes and advertising the commodities referred to in their famous trademarks.

Commodity producers and operators who have not been identified as prominent trademarks in the city of Dung San Suu Kyi may not use the word “Grends of the city”.

The owner of the renowned trademark is transferred by law to its prominent trademarks, which are automatically lost.

Article 23. Eminent trademarks shall be authorized by law by the owner to use their prominent trademarks and shall be presented to the municipal and commercial administration sector for a period of thirty days from the signing of the trademark.

The owner of the renowned trademark shall change its name, address and other registration matters by law, and shall, within thirty days of the date of the change, report on the business administration sector.

Article 24 is one of the following acts by the owner, and the municipal and commercial administration can be responsible for changing their deadlines or removing their prominent trademarks and to make public notices:

(i) Acknowledged trademark by deceasing, etc.;

(ii) The commodities subject to the mark of the prominent trademark are not in accordance with the conditions set out in article 7 of this approach;

(iii) The use of prominent trademarks in excess of the goods or services approved by the trademark;

(iv) In violation of laws, regulations and regulations, there is a serious impact on other acts of the reputation of the prominent trademark.

Article 25 was removed from the qualifications of the prominent trademark and was no longer admissible within two years from the date of the announcement.

The business administration sector in the counties (markets, zones) should strengthen the management of the chewings of the Donald communes and regularly check the use of prominent trademarks.

In Article 27, the municipal business administration sector should recommend to the provincial and business administration the determination of the “known trademark” in the northern province of the River.

Chapter V Legal responsibility

Article 28, in violation of article 19 of this approach, creates confusion among the commodities referred to in the trademarks, is subject to an order by the municipal, district and business administration to put an end to the offence and forfeiture the proceeds of the conflict, may double the amount of the penalty in the light of the circumstances in which the proceeds of the violation are imposed; in serious circumstances, the licence of business may be revoked in accordance with the law; the sale of false commodities, the transfer of suspected crimes to the judiciary.

Article 29, in violation of article 20, paragraph 2, and article 21, paragraph 2, of this approach, provides for the cessation of the offence by the municipal, district and business administration, and for the elimination of its effects, may impose a fine of up to 200,000 dollars in the circumstances.

Article 33 is incompatible with specific administrative acts and may apply to administrative review or administrative proceedings in accordance with the law. The late application for reconsideration, failure to prosecute and failure to perform specific administrative acts are subject to the enforcement of the People's Court by the organ taking specific administrative acts.

Article 31, Business and Administrative Managers, in violation of article 17 of this approach, are redirected by their units or by the parent-level business administration, giving critical education without registration, and in the case of serious circumstances and administrative disposition.

Article 32, the business administration transcends its functions in the identification and protection of prominent trademarks, abuse of authority, infrastructural fraud, and incentivism, by law, and by the transfer of criminal offences to the judiciary.

In recognition of the qualifications of the prominent trademarks, the members of the board of evaluation were in favour of private fraud, bribery, removal of the membership of its evaluation committee, suspected of committing crimes and transfer to the judiciary.

Annex VI

Article 33 of this approach is implemented effective 15 July 2011.