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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340924.shtml

Determination and protection of famous trademarks in Hangzhou approach

    (November 23, 2010, Hangzhou City people's Government, the 57th Executive meeting January 10, 2011 the Hangzhou people's Government announced order No. 264, come into force on March 1, 2011) Chapter I General provisions

    Famous trademark of Hangzhou City, first to standardize the identification of work, effective protection of Hangzhou famous trademark owners, users and the legitimate rights and interests of consumers, promote the city's economic development, according to the People's Republic of China provisions of trademark law and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second determination and protection of famous trademarks in Hangzhou, these measures shall apply.

    Hangzhou famous trademarks mentioned in these measures refers to in this city on the market reputation, well known to the public and registered trademarks identified by it pursuant to these measures.

    Article Hangzhou City famous trademark determination should follow scientific, just, fair and open principles. Fourth municipal industrial and commercial administration departments in Hangzhou famous trademark identification and protection.

    District, County (City) Administration for industry and commerce is responsible for work of cultivation and protection of famous trademarks in Hangzhou.

    Economic integration, development and reform, trade, agriculture, foreign trade, tourism, quality and technical supervision administration, as well as consumer protection organizations, cooperate within relevant industry associations, within their respective mandates, Hangzhou City famous trademark identification, cultivation and protection work.

    Fifth of municipal and district or County (City) Government should take effective measures to encourage producers to improve the quality of the goods and their own reputation, improve brand awareness, create Hangzhou famous trademark.

    Chapter II application and determination

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

    (A) the domicile of the applicant in the administrative area of the city within the registered trademark owner; (B) an actual continuous use over 3 years from the date of registration is approved use for 2 years in a row, certification marks, collective trademark from the date of registration 1 years ' continuous use.

    City Hall on modern service industry, agriculture and other industries registered trademarks of life according to the provisions otherwise provided;

    (C) the commodity using the registered trademark in similar product quality and excellent after-sales service, quality and safety accident in nearly 3 years;

    (D) the commodity using the registered trademark of nearly 3 years of production, sales, profits and market share and other key economic indicators in the industry leader;

    (E) the registered trade mark has high visibility in public, consumer satisfaction rate is high;

    (F) the owner of a registered trademark a sound trademark use, management and conservation measures.

    Municipal administration for industry and commerce, in conjunction with relevant departments according to the provisions of the preceding paragraph, Hangzhou City famous trademark which is recognized by specific criteria.

    Article seventh Hangzhou famous trademarks collectively identified cases and found that way. Concentration identified by the applicant within the time limit prescribed in the annual to the shelter area, the County (City) written application from the Administration for industry and commerce.

    Cases identified by the applicant in relation to the infringement of a registered trademark processes of the industrial and commercial administrative departments to deal with disputes in a written application.

    Eighth application finds Hangzhou famous trademark registered trademark owners, shall submit the following materials:

    (A) the identified applications;

    (B) the qualification certificates of the applicant;

    (C) the registration certificate;

    (Iv) the trademark for nearly 3 years, management, promotion and protection of the material;

    (E) the use of the trademark quality of the supporting documents;

    (F) use of the trade mark goods nearly 3 years of production, sales, tax amounts, market share, industry, and other key economic indicators in this sort of supporting documents;

    (G) consumer satisfaction surveys that use the trademarked goods;

    (H) in accordance with the conditions specified in article sixth of other related material.

    Application materials need to be corrected, and industrial and commercial administrative department shall at once notify the applicant to be corrected within; overdue correction, as a waiver application. The Nineth district and County (City) Administration for industry and Commerce departments shall in the centralized processing deadline date or first instance cases completed within the accepted date of the 30th.

    To think that applications meet the identified criteria, shall, within 3 working days after signing the preliminary review opinions submitted to the municipal administration for industry and Commerce Department; identify the considered incompatible with the conditions of a will not be submitted in writing to the applicant and state the reasons. Article of first instance disagrees with the opinion of the applicant, starting from the day of receiving the advice in the first instance in the 15th, and review applications to the municipal administration for industry and commerce. Municipal administration for industry and commerce shall, from the date of receipt of the application for review within the 20th review decision.

    Review set up by the municipal administration for industry and Commerce handled directly; an application for review does not hold, reject the application to the applicant and state the reason in writing.

    11th article city business administration sector received district, and County (City) business administration sector submitted of Hangzhou City famous trademark finds application or directly accepted Hangzhou City famous trademark finds application Hou, should in 60 days on application material for survey, and audit, sought about administrative competent sector, and consumers interests protection organization, and industry association, aspects of views, and proposed written audit views, submitted Review Committee review.

    Municipal administration for industry and commerce shall be in accordance with these measures the 12th, 13th, 14th, 15th article in the form a Review Committee has completed a review within 60 days. 12th of municipal administration for industry and commerce shall establish relevant industry professionals database of reviews, implementation of the Hangzhou famous trademark expert review mechanism.

    Expert library specific approach and evaluation of specific work rules, developed by the municipal administration for industry and commerce.

    Determination of Hangzhou famous trademark, the municipal administration for industry and commerce under the registered trademark refers to goods categories and characteristics of evaluation experts are composed of not less than 7 people identified in the library Assessment Committee undertake review work.

    13th Panel of judges should be based on the Hangzhou City famous trademark which is recognized by specific criteria, Hangzhou City famous trademark applications, the municipal administration for industry and Commerce of audit opinions and other views, objective and impartial review. Review Committee of Hangzhou municipal famous brand by all members vote by secret ballot. Over two-thirds registered trademarks without a vote of the members of the Review Committee to be identified the Hangzhou famous trademark.

    Not more than two-thirds registered trademarks without a vote of the members of the Review Committee, the municipal administration for industry and commerce shall make a not identified decisions and reasons to the applicant in writing. Hangzhou famous trademarks of 14th to be recognized by the municipal administration for industry and commerce shall be published.

    Notice period is 15th. The notice period, no unit or individual can appeal against results.

    Review the objections, the Committee to review assessment results, review results by the municipal administration for industry and Commerce departments to inform the applicant in writing.

    15th more than three (three), subject to the same objects to the Hangzhou famous trademarks to be found such as municipal industrial and commercial administration departments require hearing of cases in the municipal administration for industry and commerce shall hold a hearing. Two-thirds members of the assessment Committee shall participate in the hearing.

    Accreditation Committee members in hearing arrangements, to ask the parties to attend the hearing or any third party.

    Review Committee shall review voting according to hearing transcripts. 16th announcement expires without objection or review an objection does not hold registered trademarks by the municipal administration for industry and Commerce identified as Hangzhou famous trademark, publication finds that notice and issue a certificate.

    But any of the following circumstances, the city administration for industry and commerce shall not be identified and reasons to the applicant in writing:

    (A) the applicant to deception;

    (B) the applicant's registered trademarks by others to "registration" for requests to the state trademark administration authorities revoked, pending.

    Certificate shall specify the categories of famous trademark of Hangzhou, and determined the range of commodities.

    17th a well-known trademark records or famous trademark of Zhejiang Province, was identified as a registered trademark, the domicile of the owner in the city, confirmed by the applicant and the municipal industrial and commercial administration departments, as Hangzhou famous trademark.

    Article 18th, Hangzhou City famous trademark determination, financial expenditures, funded by, the relevant Department shall not charge any fee to the applicant. 19th Hangzhou City famous trademark is valid for five years, finds that calculated from the date of announcement. Hangzhou famous trademark owners in the last year of validity of the concentration found within the application period, apply to the municipal administration for industry and Commerce for an extension.

    Been filed, the Hangzhou famous trademark expire automatically after the expiry of the validity period. Municipal industrial and commercial administration departments to comply with the conditions specified in article sixth renewal application shall recognize the continuing and shall be published.

    Lasted for a period of five years at a time.

    Chapter III protection and management

    20th, Hangzhou City famous trademark owners in their approved use of the goods and their packaging, decoration, brochures, advertising and other carriers using "Chinese famous trademark", does not exceed the approved use of the range of goods using "Chinese famous trademark".

    21st since the Hangzhou famous trademark announcement date, other applications will work with the same or similar text, as companies in the same industry or individual business name registration of font size, not approved by the administration of industry and commerce, but belong to the relevant laws and regulations right to exclusive use of a registered trademark shall not be entitled to prohibit others from using otherwise. Hangzhou famous trademark determination before the announcement, registration has been approved and the trademarks of others the same as enterprises in the same industry or individual business name or similar text font size, Hangzhou famous trademark owners can be identified within two years of the date of announcement apply for municipal industrial and commercial administration departments revoked.

    Whether it be withdrawn, decided by the municipal administration for industry and commerce. 22nd of municipal and district or County (City) people's Governments shall arrange special funds awarded to Hangzhou famous trademark owners.

    Encourage and support the Hangzhou famous trademarks all trademarks promotion, deployment, promotion and protection.

    The 23rd industrial and commercial administrative departments should strengthen the management of famous trademark of Hangzhou, Hangzhou famous trademark use of supervision and inspection, investigate violations, and Hangzhou famous trademark owners provide necessary guidance and services, guiding its application in Zhejiang Province famous trademark, the determination of well-known trademarks, improve product visibility. Article 24th Hangzhou famous trademark goods, belonging to the famous product.

    Administration for industry and commerce shall be in accordance with the People's Republic of China against unfair competition act and other laws and regulations, to the well-known name, packaging or decoration peculiar to be protected.

    25th Hangzhou City famous trademark owners, users shall continuously improve product quality, and protecting the reputation of Hangzhou famous trademarks, not shoddy, shoddy consumer fraud.

    26th, Hangzhou City famous trademark owner licenses another person to use its trademark should comply with the People's Republic of China relevant provisions of the trademark law, and submitted to the municipal administration for industry and Commerce for the record.

    27th Hangzhou famous trademark change the Registrant name, address or other registered matters, should be approved in registration within 30th of the city industrial and commercial administration departments for the record. 28th was identified as Hangzhou famous trademarks registered trademarks transferred according to law, the assignee shall re-apply for the determination of Hangzhou famous trademark as provided herein.

    Hangzhou City famous trademark from the date of transfer of void.

    29th was identified as Hangzhou famous trademark of registered trademark was revoked or cancellation of, the Hangzhou famous trademark revocation or cancellation date of lapse.

    30th under any of the following circumstances, the municipal industrial and commercial administration departments revoked Hangzhou City famous trademark determination:

    (A) obtained through deception means Hangzhou famous trademark;

    (B) the use of Hangzhou City famous brand product quality and safety accident or shoddy, shoddy production operators to deceive consumers, if the circumstances are serious;

    (C) the Hangzhou famous trademark owners outside the scope authorized use of a commodity used "Chinese famous trademark" words, after rectification by the industrial and commercial administration departments are still not correct;

    (D) Hangzhou famous trademark owner breach of trademark laws and regulations regulations, if the circumstances are serious;

    (E) other acts in violation of laws and regulations, if the circumstances are serious. Designated by the municipal administration for industry and commerce shall be revoked Hangzhou famous trademarks shall be published.

    To Hangzhou City famous trademark determination to revoke the registered trademark, its owner not to reapply in three years, Hangzhou City famous trademark determination.

    The fourth chapter legal liability

    31st against Hangzhou City famous trademark rights to exclusive use of registered trademarks, industrial and commercial administrative departments in accordance with the relevant laws and regulations be punished.

    Unauthorized use or use beyond the approved scope of the 32nd article "Chinese famous trademark" is written, rectification by the industrial and commercial administration sector and fined a maximum of 2000 more than 20000 Yuan in serious cases and fined a maximum of 20000 Yuan more than 50000 Yuan. 33rd industrial and commercial administrative departments, members of the Review Committee in Hangzhou City famous trademark assessment, identification and protection work, negligence, malpractice, abuse, by the relevant authorities according to law.

    Constitute a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter supplementary articles

    34th article of the measures relating to commodity trademarks shall, apply to service marks.

    Article 35th of Hangzhou City famous trademark determination before the implementation of these measures within the validity period remain in force, and according to the way the 19th article apply in the year of expiry for an extension. 36th these measures shall come into force on March 1, 2011.