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

Original Language Title: 苏州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/201007/20100700257716.shtml

Recognition and protection of well-known trademarks, Suzhou city approach (February 10, 2010 at the 36th Executive meeting of Jiangsu province by Jiangsu provincial people's Government to 114th, published since February 22, 2010 as of April 1, 2010) first to standardize the identification, use and administration of famous trademarks, protection of famous trademark owners, occupiers and the legitimate rights and interests of consumers, increase brand awareness and market competitiveness, promote economic development, according to the People's Republic of China trademark law, and the People's Republic of China implementing regulations of the trademark law

    And relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article Suzhou for well-known marks (hereinafter referred to as well-known trademarks) identification, use, management and protection, these measures shall apply.

    Well-known trademarks mentioned in these measures refers to natural persons, legal persons or other organizations within the administrative area of the city owned or exclusively used, enjoyed a high reputation, known by the relevant public, and registered trademarks identified by it in accordance with this approach.

    People's Governments at all levels should step up to the Mark III management leadership, establish and perfect the management and protection of well-known trademarks, organized to protect well-known trademarks.

    Article fourth industrial and commercial administration authorities of the sector is the recognition and protection of well-known trademarks, specifically responsible for the management of well-known trademarks.

    Authorities in accordance with their respective responsibilities, to make the cultivation and protection of well-known trademarks.

    Article fifth Suzhou famous brand cognizance Committee has specific responsibility for the determination of well-known trademarks.

    Suzhou famous brand cognizance Committee by the municipal administration for industry and commerce, jointly with relevant departments, industry organizations, as well as experts and academics.

    Article sixth of well-known trademark identification and protection following the principles of openness, fairness and justice.

    Seventh trade-related organizations should be guided and encouraged production, operators of registered trademarks, the implementation of brand strategy and famous trademarks.

    Article eighth the determination of well-known trademarks shall be applied for by the applicant and to the following conditions:

    (A) the applicant shall be within the administrative area of the city has valid and there is no dispute of ownership or the right of a registered trademark of producers and operators;

    (B) the trademark in the relevant public has a high visibility, the publicity coverage, publicity and advertising volume in the industry of the city in the forefront;

    (C) use of the trade mark of the goods have a higher market share, nearly 3 years of sales, taxes, industry, and other key economic indicators in the forefront;

    (Iv) the trademark from the date of registration for 3 years in a row;

    (V) use of the trade mark commodities meet quality standards, service specifications, for nearly 3 years without major complaints;

    (F) the applicant has a sound management structure and management system;

    (G) applicants for nearly 3 years without violating someone's right to exclusive use of registered trademarks, as well as other serious illegal business.

    Has a long history and recognized by the community, with the features of this municipality commodities used by trademark, its application is not subject to the first paragraph of this article (b), (c) and (d) conditions of.

    Ninth article when applicants apply for the confirmation of well-known trademark shall submit the following materials:

    (A) of the Suzhou city famous trademark application form;

    (B) the applicant's qualification certificate;

    (C) proof of trademark ownership;

    (D) the trade marks proof of use materials;

    (E) the last 3 years annual financial audit report;

    (Vi) that the trade mark promotion coverage, publicity, advertising volume and commodity market reputation of related materials;

    (G) for nearly 3 years product quality inspection qualified certificate;

    (H) the trademark management, management systems and other supporting documents;

    (IX) other relevant supporting documents.

    Tenth well-known trademark procedures:

    (A) the applicant is located, county-level cities, industrial and commercial administrative departments to submit written applications. (B) the county-level cities and districts first instance of application materials submitted by the Administrative Department for industry and commerce.

    Adopted at the first instance, submitted to the municipal administration for industry and Commerce; fails, return the application materials, and explain the reasons. (C) the municipal industrial and commercial administration departments to review the application materials, and to seek the views of the relevant departments.

    Adopted by the review, drew attention to the Suzhou famous brand cognizance Committee. (D) identified the Commission review that meets the conditions for well-known trademarks shall issue a public notice and publicity for 30th.

    Public notice period without objection or opposition is not established, should be identified and submitted to the municipal people's Government announced. 11th well-known trademark focus found that once a year and is valid for 3 years, calculated from the date of the announcement.

    Need to continue to use the expiration of, well-known trademark owner shall, before the expiry of 3 months applied for re-evaluation; expired without applying for, the well-known trademark lapse.

    12th famous trademark owners can use the product approved for packaging and decoration, brochures, trade documents, advertising, exhibitions and other business activities using the "Suzhou famous brand".

    13th under well-known trade mark within the period of validity of the following protection:

    (A) any entity or individual may unlawfully with the well-known trademarks identical or similar words as the production and sale of identical or similar goods by business name or the font size using; however, well-known trademarks in the text of rivers and lakes, mountains and rivers, historical sites and unique regional plants or animals, except for the name of;

    (B) any units and individuals are not allowed to use the Suzhou famous brand product-specific name, packaging or decoration, or approximate the name, packaging or decoration;

    (C) any unit and individual shall in any way defacing, demean the reputation of well-known trademark;

    (D) the laws, regulations and other protection measures under the regulations.

    14th famous trademark owners and users should comply with the following provisions:

    (A) the use of well-known trademarks is limited to approved use of the goods shall not expand the scope of uses;

    (B) change of registration items of famous trademark owners, approval date of change submitted to the local industry and Commerce Administration Department within the 30th record;

    (C) the well-known trademark owner licenses another person to use, in accordance with law for the licensing procedures, and submitted to the local industry and Commerce Administration Department for the record;

    (D) strengthening internal management and protection of the mark, improving product quality and protecting the reputation of well-known trademarks.

    15th under any of the following circumstances, after the famous mark approval Committee drew attention to the Administrative Department for industry and Commerce found that revocation of the well-known trademark, and report to the municipal people's Government announcement:

    (A) to provide false documents fraudulently identified;

    (Ii) doped with fake, shoddy, shoddy or substandard products as qualified product, serious damage to the legitimate rights and interests of others;

    (C) violations of the right to exclusive use of a registered trademark of others;

    (D) beyond the scope of authorized use and refuses;

    (E) loss of well-known marks is recognized;

    (F) violation of laws, regulations and rules under other circumstances, seriously affecting the reputation of the well-known trademark.

    Revocation for well-known marks, not with the same trademark in applicant 3 years once again finds that the application.

    Listed in the first paragraph of this article, anyone can contribute to the industrial and commercial administration sector complaints or reports.

    16th acts in violation of these measures, laws and regulations have been penalties from its provisions.

    17th article in violation of these regulations, any of the following acts, penalties by the Administrative Department for industry and commerce in accordance with the following provisions:

    (A) no acquisition or loss "Suzhou famous brand", in plaques, packaging, decoration, manuals, trading instruments, as well as other operational activities to "Suzhou famous brand" awareness, ordered to rectify, and a fine of 10,000 yuan and 30,000 yuan fine.

    (B) contravenes section 14th (a) provided, shall be ordered to correct within, and a fine of 2000 Yuan and 10,000 yuan fine.

    (C) violation of article 14th (b), (c) provision, shall be ordered to correct within; it fails, and fined 1000 Yuan fine.

    18th industrial and commercial administrative departments and their staff, as well as with well-known trademarks and protection of other personnel related to the work on determination and protection of well-known trademarks, abuse of power, deception, negligence, they shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    19th article this way relating to commodity trademarks shall, apply to service marks. 20th these measures shall come into force on April 1, 2010.