Recognition and protection of well-known trade names, Wuxi city approach
(December 21, 2010 Wuxi municipal people's Government at the 31st Executive session on December 24, 2010, Wuxi municipal people's Government announced the 117th come into force February 1, 2011) first for well-known firms identify and strengthen enterprise management, protection of intellectual property, safeguard fair competition order, according to the People's Republic of China against unfair competition law, of the provisions on administration of Enterprise name registration and other laws and regulations, combined with the city's actual, these measures are formulated.
Article II trade names mentioned in these measures, also known as font size refers to the company name in addition to administrative divisions, industry or business characteristics, forms of organization, a landmark text significantly different from other enterprises.
Well-known trade names mentioned in these measures refers to enjoy a relatively high business reputation, known by the relevant public, and business firms identified by it in accordance with this approach.
Article Enterprise famous firm within the administrative area of the city of identification, use, management and protection, these measures shall apply.
Forth people's Governments at various levels shall be well-known firms in the management and protection into the intellectual property protection system, establish and perfect the management mechanism of the well-known firms, to organize and coordinate the relevant departments to protect well-known firms.
Fifth of municipal administration for industry and commerce is responsible for the recognition and protection of well-known trade name of work.
Relevant administrative departments according to their respective responsibilities, recognition and protection of well-known trade name of work.
Sixth relevant industry associations shall strengthen self-discipline, bow f enterprises create famous firm, strengthen the cultivation and protection of well-known firms, promoting the famous firm support and incentive mechanism construction to assist industrial and commercial administrative departments to recognition and protection of well-known trade name of work.
Seventh cognizance of well-known firms should respect history and adhere to the principles of openness, fairness, impartiality and integrity.
Section eighth for well-known firms identified by the enterprise, shall comply with the following conditions:
(A) registered in the city;
(B) the firm continuously for 5 years or more;
(C) the firm has the unique, have a higher degree of market awareness and credibility;
(D) sales (sales) amount, tax and market share of main economic indicators for nearly 3 years in the city of industry in the forefront;
(E) have a sound management system for 3 years accident-free;
(F) has a perfect after-sales service, low rates of consumer complaints;
(G) for 3 consecutive years without a serious breach of credit;
(VIII) other conditions stipulated by laws, rules and regulations.
Was identified as old enterprises, not subject to the preceding paragraph (c), (d) conditions of.
Nineth under any of the following circumstances, it shall not be regarded as well-known trade names:
(A) General administrative division name or its abbreviation, place names, commonly known as the firm;
(B) known of river, Lake, sea, mountains and landscapes known as trade names;
(C) using text that has characteristics of General or public interest firm.
History, social recognition, especially sexual businesses are not affected by the restriction in the preceding paragraph.
Article tenth enterprise apply for the confirmation of well-known trade names, shall submit the following materials:
(A) the written application;
(B) business firms used time effectively to prove;
(C) photocopy of business license;
(D) the enterprises achieved honor or award-winning proof;
(E) business for nearly 3 years operation of the supporting documents;
(F) the market share in the relevant supporting documents;
(G) related to product quality (service) management system certification certificate and business management systems;
(VIII) issued by the local consumers ' Association's nearly 3-year commodities (services), proof of the quality of consumer complaints;
(I) laws, regulations, rules and regulations of the other materials.
11th well-known firms identified in accordance with the following procedure:
(A) the famous firm identified the applicant as provided for in article tenth to the local administration for industry and Commerce submitted to well-known firms found that the required materials;
(B) the local industrial and commercial administrative departments to take a written audit or site visits, in the form of materials submitted by the applicant at first instance, trial observations made;
(C) the municipal industrial and commercial administration departments to review the preliminary review opinions, develop list of eminent business enterprises;
(D) meets the famous firm of the well-known firms Review Committee which is recognized by business review determines that the proposed list presented by the municipal administration for industry and commerce to the public;
(E) after publicity 30th and no objection or dispute investigation is not established, be published by the municipal administration for industry and Commerce submitted to the municipal people's Government, and issue a certificate of well-known firms.
12th famous corporation name Review Committee for 7 or more singular, its members by the relevant administrative departments, industry associations and experts, academics, lawyers, administrative department personnel shall not be more than half of them.
Well-known firms in the Review Committee shall, in accordance with accreditation procedures for review, no unit or individual shall interfere.
Well-known firms review process established by the municipal administration for industry and Commerce otherwise.
13th members of evaluation committees shall objectively and impartially perform their duties in accordance with the procedures provided for the well-known firms are reviewed.
Article 14th well-known firms from the date of notice, valid for 5 years.
Expiry of the well-known firms, shall, in accordance with the procedure provided for in article 11th finds.
Well-known trade name owner may 15th in the packaging, brochures and other words mark well-known trade names, you can use the well-known advertising firm.
Units and individuals are not made famous firm, not words in mark well-known firms such as packaging, brochures, advertising must not use well-known firms.
Encourage access to well-known firms in the development chain or franchise business.
16th the Enterprise name registration authority, the firm may not have some well-known firms in the same or similar to the sound, style, and except for investor relations.
Without the permission of the famous firm ownership, other businesses and individuals may use the same well-known trade names or pronunciation, similar shape, may cause the public mistaking the words as a trade name.
17th registered in accordance with law firms, with the famous firm of same, similar, you can continue to use, but may not license others to use, may not be mistaken for well-known firms may cause the public propaganda.
18th under any of the following circumstances, the municipal administration for industry and commerce to revoke its well-known firms, and submitted to the municipal people's Governments shall be published:
(A) fraud, falsification of documents, well-known firms fraudulently;
(B) serious harm to consumers, operators of legitimate rights and interests;
(C) other offences, causing bad social influence;
(D) loss of well-known firms in other enterprises is recognized.
19th revoked well-known firms in business 5 years once again recognized as a well-known firms.
20th in violation of paragraph II of this article 15th, units and individuals without a well-known firms, in mark well-known firms such as packaging, brochures or advertising using the well-known firms, industrial and commercial administrative authority shall order correction within, and in accordance with the provisions of relevant laws and regulations will be punished.
21st article violates this article 18th (a) provided, fraud, falsification of documents to defraud businesses well-known firms, administrations for industry and commerce may impose a fine of less than 1000 Yuan and 10,000 yuan.
22nd State personnel in the recognition and protection of well-known trade names, favoritism, abuse their powers, neglect their duties, by their work units or by the competent administrative department shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
Article 23rd individual recognition and protection of well-known trade names in accordance with the measures implemented. 24th article this way come into force February 1, 2011.