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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

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Identification and protection options for prominent trademarks in the city of Sus State

(Adopted by the 36th Standing Committee of the People's Government of Southern Susang on 10 February 2010 No. 114 of the People's Government Order No. 114 of 22 February 2010 and published as effective 1 April 2010)

Article 1 promotes economic development, in accordance with the People's Republic of China Trademarks Act, the People's Republic of China Businessmarks Implementation Regulations and relevant laws, regulations and regulations, in order to regulate the identification, use and management of prominent trademarks, protect the legitimate rights and interests of the owner, the user and the consumer, enhance the visibility and market competitiveness of trademarks.

Article 2

This approach refers to all or exclusive use of natural persons, legal persons or other organizations in the current city's administration, the high reputation, the knowledge of the relevant public and the registration trademarks determined in accordance with this approach.

Article 3. Governments at all levels should strengthen their leadership in the management of trademarks, establish and improve mechanisms for the management and protection of prominent trademarks and organize protection for prominent trademarks.

Article IV. The business administration sector is the competent authority for the identification and protection of prominent trademarks and is specifically responsible for the management of prominent trademarks.

In accordance with their respective responsibilities, the relevant departments are well-established and protected by prominent trademarks.

Article 5 Eminent trademarks in the city of Sud State determine that the Commission is specifically responsible for the identification of prominent trademarks.

The Société économiques du Sus State found that the Commission would be composed of the municipal business administration sector, industry organizations and experts, scholars.

The determination and protection of prominent trademarks are guided by the principles of openness, equity and justice.

Article 7 industry organizations should guide and encourage producers, operators to register trademarks, implement the trademark strategy and contest the branding of eminent trademarks.

Article 8. The determination of a prominent trademark shall be made voluntary by the applicant and subject to the following conditions:

(i) The applicant shall be a producer, operator of a registered trademark owner or right to use it in the present municipal administration;

(ii) The trademark has a high degree of visibility in the relevant public, with its outreach coverage, publicity time and advertising, which are predominant in the same industry in the city;

(iii) The use of the trademark is high market occupancy rates, with major economic indicators, such as sales of nearly three years, tax levies, ranked in the same sector in the city;

(iv) The trademark has been used for three consecutive years from the date of approval of registration;

(v) The quality of commodities used by the trademark is consistent with the standards, the rules of service after the sale and the absence of effective complaints in nearly three years;

(vi) The applicant has a sound management and management system;

(vii) In almost three years, the applicant has not committed a violation of the author's right to register a trademark and other grave violations.

A long-standing, socially recognized and identifiable commodity use may be subject to the limitations in paragraph 1 (b), (iii) and (iv) of this article.

Article 9. The applicant shall submit the following materials when applying for the determination of the mark:

(i) The application form is determined by the renowned trademarks in the State of Sus State;

(ii) The applicant's main qualifications certificate;

(iii) The right to mark is a document of proof;

(iv) Evidence material used by trademarks;

(v) Financial audit reports for recent three years;

(vi) Relevant material to demonstrate the mark's coverage, publicity time, advertising and market credibility of commodities;

(vii) The quality test of products for nearly three years;

(viii) Write management bodies, regulatory systems, etc.

(ix) Other relevant evidence material.

Article 10 Eminent trademark identification process:

(i) The applicant submits written requests to the district-level municipalities, the sector's business administration.

(ii) In the first instance, the district and business administration sector conducts the submission of requests. In the first instance, the Ministry of Business Administration was reported; the request was not adopted and justified.

(iii) Review of requests by the municipal and business administration and seek the views of the relevant sectors. Upon review, the Eminent Businessmarks of the State of Sus State were brought to the Commission's evaluation.

(iv) Determining that the Commission should be given an indication that it is 30 days at the time of the evaluation that it considers to be in compliance with the conditions for the identification of an eminent business. No objection or objection shall be established during the demonstration period and shall be determined and made available to the Government of the city.

Article 11. Eminent trademarks are identified annually for a period of three years from the date of the announcement. The owner should be re-confirmed in the three-month period before the expiry of the period of effectiveness; the unquestionable business mark was automatically invalid.

Article 12 Eminent trademarks may be used by all designated trademarks in the form of packaging, babies, descriptions, trade instruments, advertising, exhibitions and other operational activities for the approved use of the term “Grenowned trademarks in the city of Sus State”.

Article 13. Eminent trademarks are protected in an effective period:

(i) No unit or individual shall be allowed to use the same or nearer language as the owner or word of the enterprise that produces, sells the same or similar commodities; however, the name of the prominent trademark is the exception of the river lakes, lobbis, monuments and domain names of the fauna, flora and fauna;

(ii) No unit or individual shall be authorized to use the name, packaging, babies or their near name, packaging, babies or loading;

(iii) No unit or individual shall be in any way debate and distract from the reputation of the prominent trademark;

(iv) Other protection measures under laws, regulations and regulations.

Article 14. Eminent trademarks shall be subject to the following provisions:

(i) The use of prominent trademarks is limited to the authorized commodities used and cannot be expanded;

(ii) Changes in the registration of trademarks by prominent trademark owner, which will be sent within 30 days of the date of approval to the location's business administration;

(iii) Eminent trademarks may be used by other persons, subject to a licence procedure under the law, and to the host business administration case;

(iv) Enhance internal management and self-protection of trademarks, improve the quality of commodities and preserve the reputation of prominent trademarks.

In one of the following cases, the municipal and commercial administrations have been brought to the renowned trademark for the purpose of withdrawing the prominent trademark after the Commission's determination and reporting to the Government of the city:

(i) Concept the determination by means of providing false evidence;

(ii) Accumulate breaks, stereotypes, subsidised or unqualified products that seriously undermine the legitimate rights and interests of others;

(iii) Violations of the exclusive right of registrationers;

(iv) In addition to the authorized scope of use and inadvertent change;

(v) Removal of the conditions for the identification of a prominent trademark;

(vi) In violation of other circumstances prescribed by law, regulations and regulations, there is a serious impact on the reputation of the eminent trademark.

The applicant shall not submit a request for determination within three years in the same trademark.

Anyone may lodge a complaint or report to the business administration for the acts listed in paragraph 1 of this article.

Article 16 violates this approach by providing for penalties under the law.

Article 17 violates this approach by punishing the business administration according to the following provisions:

(i) There has been no acquisition or loss of the “Sustainable trademarks” in Sus State, where advocacy is made in the name, packaging, babies, notes, trading instruments and other operational activities, with the aim of changing the deadline and imposing a fine of up to $30,000.

(ii) In violation of article 14, paragraph (i), the period of time was to be changed and fined by more than 1,000 dollars.

(iii) In violation of article 14, subparagraph (ii), subparagraph (iii), the time limit is being changed; it is not reformulated and fined by 1000.

Article 18 The business administration and its staff, as well as other persons associated with the identification and protection of prominent trademarks, should be treated in accordance with the law, in the identification and protection of prominent trademarks, in the abuse of their functions, in favour of private fraud, insecure of negligence, and in the event of criminal liability.

The provisions of this approach relating to commodity trademarks apply to the trademark.

Article 20