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Determination And Protection Of Famous Trademarks In Hangzhou Approach

Original Language Title: 杭州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 State of Alejane

(Adopted by the 57th Standing Committee of the People's Government of the State of Alejane on 23 November 2010 and issued by Decree No. 264 of 10 January 2011.

Chapter I General

Article 1 effectively protects the legitimate rights and interests of prominent trademarks, users and consumers in the city of Démocratique, and promotes economic development in this city, in accordance with the provisions of relevant laws, regulations, such as the People's Republic of China Trademark Act.

Article 2

The famous trademarks in the State of Alejane referred to in this approach refer to the registered trademarks that are known and determined by the relevant public in the present market.

Article 3 Findings of prominent trademarks in the State of Alejane should be guided by scientific, fair, fair and public principles.

Article IV. Responsibilities of the municipal and commercial administration are responsible for the identification and protection of prominent trademarks in the State. The business administration sector in various districts, districts (markets) is responsible for the development and protection of well-known trademarks in the State.

Trade, agriculture, economic integration, development reform, administrations such as external trade, tourism, quality prisons, and consumer rights protection organizations, relevant industry associations, within their respective responsibilities, cooperate with the identification, development and protection of prominent trademarks in the State.

Article 5 Governments of municipalities and districts, districts and counties (markets) should take effective measures to encourage producers to increase the quality and credibility of commodities, to raise the visibility of registered trademarks and to create prominent trademarks in the State.

Chapter II Application and determination

Article 6. The application for the determination of a prominent trademark in the State of alejan shall be in accordance with the following conditions:

(i) The owner of the registered trademark in the present city's administrative area for the residence of the applicant;

(ii) The continuing use of trademarks for a period of three years and from the date of approval of registration has been completed for a period of two years, demonstrating that trademarks, collective trademarks have been used for one consecutive year since the date of approval of registration. (a) The Government of the city shall carry out the application of the same-manageable application as may be provided for in the number of registered trademarks in modern services, agriculture;

(iii) The quality of the commodities used by the registered trademark and the advantages of the after-service service in the same category of commodities, with no quality safety accidents in recent three years;

(iv) The main economic indicators, such as production, sales, profit and market ownership, using the registered trademark, are leading in the same industry;

(v) The registered trademark has a high degree of visibility and a high consumer satisfaction rate;

(vi) The owner of the registered trademark has improved trademark use, management and protection measures.

The city's business administration could be accompanied by specific criteria for the establishment of predetermined conditions for prominent trademarks in the State, in accordance with the preceding paragraph.

Article 7. Eminent trademarks in the State of Alejane identify ways of centralizing and individual identification.

It is centrally determined that the applicant submits written requests to the business administration sector in the place of residence, in the district (commune) and in the city within the time specified each year. The case was determined by the applicant to make written requests to the business administration sector dealing with the dispute in the course of the infringement of the mark.

Article 8. The owner of the registered trademark shall apply for the identification of a prominent trademark in the State, and shall submit the following material:

(i) Determination of the application;

(ii) The applicant's main qualifications certificate;

(iii) Registration certificates for trademarks;

(iv) The material used, managed, promoted and protected by the trademark for almost three years;

(v) The use of the trademark commodities quality certificate material;

(vi) The use of major economic indicators such as the commercialmark commodities for almost three years of production, sales, tax, market ownership rates, as evidenced by the same sector in this city;

(vii) Consumer satisfaction survey material using the trademark commodities;

(viii) Other relevant material that is in compliance with the conditions set out in article 6 of this approach.

The request material needs to be added, and the business administration should inform the applicant in a written manner that the deadline is being filled; the late failure to fill it is deemed to have abandoned the application.

Article 9. The business administration sector in the district, district (market) shall complete the first instance within 30 days of the date on which the deadline is to be taken up or the date on which the case is admissible. Applications considered eligible for determination should be sent within three working days of the signing of the first instance opinion to the municipal business administration sector; applications that are not considered to be incompatible with the conditions of determination shall not be sent to the applicant in writing.

Article 10. The applicant's objection to the first instance may submit a review request to the municipal business administration within 15 days of the receipt of the first instance. The municipal business administration should take a review decision within 20 days of the date of receipt of the review. The review application was established directly by the municipal and commercial administration; the review application was not established and the application was dismissed and the applicant's written reasons were given.

Article 11. The municipal and business administration sector shall conduct investigations, clearances, consult with relevant administrative authorities, consumer rights and interests protection organizations, industry associations, and provide written clearances for the evaluation of the evaluation committee, upon receipt of the request by the prominent trademarks in the State.

The municipal and business administration should establish the evaluation committee within 60 days, in accordance with articles 12, 13, 14 and 15 of this approach.

Article 12. The municipal and business administration sector should establish a pool of evaluation experts composed of professionals from the relevant industry to implement an evaluation mechanism for prominent trademark experts in the State. The specific composition of the evaluation of the pool of experts and the evaluation of specific work rules are developed by the municipal and business administration.

Each determination is made to avert the famous trademarks of the State, which are determined by the municipal and commercial administration, in accordance with the categories and characteristics of the commodities referred to in the registered trademark, from the evaluation expert bank to the evaluation committee to undertake evaluation.

Article 13. The Evaluation Committee shall, in accordance with the specific criteria for the determination of the well-known trademarks in the city of Dlejan, make an objective, fair and impartial evaluation of the well-known commercial mark applications in the State's municipality, the review of the municipal and business administration and other views.

The Evaluation Committee evaluates the prominent trademarks in the State of Dlejan, which are voted by all members by secret ballot. The registered trademarks adopted by more than two thirds of the members of the evaluation committee were considered to be prominent trademarks in the city of Rélejan. In the case of registered trademarks adopted without more than two thirds of members of the evaluation committee, the municipal business administration should make decisions that are not determined and give the applicant a written justification.

Article 14. The well-known trademarks to be determined by the State of Alejane shall be declared by the municipal and commercial administration. The announcement was 15 days.

During the notice period, any unit or individual may object to the evaluation. The review of the evaluation results was carried out by the Evaluation Committee on the basis of the objection, and the results were communicated in writing by the municipal business administration.

Article 15 takes place where more than three (three) subjects have been heard by the municipal and industrial administrations, such as the same identifier contesting the same identifier in the same city of Alejan State, and the municipal business administration should hold hearings.

The hearings should involve more than two thirds of the members of the Evaluation Committee. The members of the evaluation committee may, under the arrangements of the moderator, be asked to the parties or third parties participating in the hearings.

The Evaluation Committee shall vote on the basis of the hearings.

Article 16, registered trademarks not contested or subject to review, are determined by the municipal and business administration to be a prominent trademark in the State, issue a notice and issue a certificate of recognition. However, in one of the following cases, the business administration sector is not determined and justified in writing to the applicant:

(i) The applicant's departure;

(ii) The applicant's registered trademark was dismissed by another person on the basis of “non-registration” to the national commercialmark administrative authorities.

It was determined that the certificate should clarify the categories of prominent trademarks in the city of Alejan State and the extent of the commodities approved.

Article 17 has registered trademarks that are contrary to the designation of a trademark or are considered to be a prominent trademark in the province of Zangongang, where all persons live in the city, as confirmed by the owner's application and the municipality's business administration.

Article 18 determines that the publicly known trademarks in the State of Alejane shall be financed by the municipal finance, and the relevant authorities shall not collect any cost to the applicant.

Article 19 Eminent trademarks in the State of Alejan City are determined to be effective for five years and have been calculated from the date of the publication of the announcement. All prominent trademarks in the State of Alejane may apply for continuation to the municipal and commercial administration within the time period of the publication of a centralized application for the fifth year. In the absence of an application, the famous trademarks in the city of Délejan were found to be automatic after the expiry of the period of effectiveness.

The extension of the business administration in the city should be confirmed and made public. Each extension is five years.

Chapter III Protection and management

Article 20 may be used by all prominent trademarks in the Délejan municipality in their approved commodities and their packagings, babies, statements, advertisements, etc., using the word “known trademarks” in the State, but not to exceed the authorized use of the word “known trademarks” in the State's municipality.

Article 21 has not been approved by the business administration sector since the date of the announcement of the notice by the prominent trademarks in the State of Alejane, and others have been requested to register with the same trademark or with the nearest language as the same industry enterprise or the name of the individual business owner, with the exception of the legal, legislative and regulatory provisions that the holder of the registered trademark is not entitled to prohibit the proper use of others.

Prior to the release of the famous trademarks in the city of Dlejan State, others have been registered with the same trademark or appearing as a name of the same industrial enterprise or individual business, and the prominent trademarks in the State can apply for the removal of the industrial and commercial administration within two years from the date of the publication of the announcement. Would it be withdrawn and decided by the municipal business administration.

Article 2 To encourage and support the upgrading, application, advocacy and protection of trademarks by prominent trademark owners in the State of Délejan.

Article 23. The business administration sector should strengthen the management of prominent trademarks in the State of Alejane, monitor the use of prominent trademarks in the city of State, identify violations and provide the necessary administrative guidance and services to all prominent trademarks in the State's municipality, and direct them to apply for the identification of well-known trademarks in the province of the Zangang River and raise the profile of products.

Article 24 uses prominent trademarks in Démocratiques, which are prominent commodities. The business administration sector should be protected by the name, packaging, babies, in accordance with the laws and regulations such as the People's Republic of China Anti-Affordable Competition Law.

Article 25. All prominent trademarks in the State of Alejane shall continuously improve the quality of commodities and preserve the reputation of prominent trademarks in the State's city without complacency and subsoiling consumers.

Article 26 Secrete trademarks in the State shall permit the use of their trademarks by other persons to comply with the relevant provisions of the Trademarks Act of the People's Republic of China and to report back to the municipal business administration sector.

Article 27: The name, address or other registration matters of prominent trademarks in the State of Alejane shall be reported within thirty days of the date of the registration approval.

Article 28, registered trademarks identified as prominent trademarks in the State of Alejane, shall be transferred by the transferee, in accordance with this approach, for the purpose of re-applying the designation of the prominent trademarks in the State. The famous trademarks in the Länder State were found to be automatically invalid from the date of the transfer.

Article 29, registered trademarks identified as prominent trademarks in the State of Alejane, were cancelled or cancelled by law, and the famous trademarks in the State of Alejane were found to be automatically invalid from the date of withdrawal or cancellation.

In one of the following cases, the municipal and business administration revoked the renowned trademarks in the State of Délejan:

(i) The identification of well-known trademarks in the city by means of circumsistance;

(ii) The use of well-quality safety accidents in prominent trademarks in the State, or the inexclusive manufacture of the manufacturer, with subvertive consumers, is serious;

(iii) All prominent trademarks in the State of Délejan have gone beyond the approved use of the word “known trademarks” in the municipality of Alejand State, which are still not rectified after the relocation of business administration orders;

(iv) All prominent trademarks in the city of Délejan are incompatible with the legal regulations governing trademarks, which are serious;

(v) Other violations of the provisions of the laws and regulations are of serious circumstances.

The city's business administration should inform the well-known trademarks of the State in which it was cancelled. All of the registered trademarks identified by the renunciated trademarks in the State of Alejane may not be reclaimed for the determination of the famous trademarks in the State's d'état within three years.

Chapter IV Legal responsibility

Article 31 acts against the exclusive right of registered trademarks in the State of Démocratiques, which are severely punished by the business administration in accordance with the relevant legislation.

Article 32 uses the word “renowned trademarks” in the State of Alejane or beyond the authorized scope of use, which is modified by the business administration and is fined by the amount of US$ 20000; in the case of serious circumstances, and fines of €5000 million above.

Article 33 staff in the business administration sector, the members of the Evaluation Committee, who play a role in the evaluation, identification and protection of well-known trademarks in the city of Démocratique, in favour of private fraud, abuse of authority, are governed by law by the relevant authorities. Crime constituted criminal liability by law.

Chapter V

The provisions of this approach relating to commodity trademarks apply to service trademarks.

The famous trademarks in the pre-implementation of this approach are found to continue to be effective during the period of effectiveness and may be extended in accordance with article 19 of this scheme.

Article 36 of this approach is implemented effective 1 March 2011.