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Henan Province Famous Trademark Determination And Protection Measures

Original Language Title: 河南省著名商标认定和保护办法

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Identification and protection of well-known trademarks in Southern Province

(Adopted by Decree No. 129 of 28 December 2009 of the People's Government of the Southern Province for consideration at the 57th ordinary meeting of the Government of the Sudan, 11 December 2009)

Chapter I General

Article 1 promotes economic development, in accordance with laws, regulations, such as the Trademarks Act of the People's Republic of China, the Law on Trademarks of the People's Republic of China, the application of the Trademarks Act of the People's Republic of China.

Article II applies to the identification, protection and management of prominent trademarks within the territorial administration.

This approach refers to registered trademarks that enjoy a high degree of credibility in the market, known by the relevant public and determined in accordance with this approach.

Article 3. Confirmation applications for well-known trademarks and voluntary principles.

It was determined that the famous trademark should be guided by the principles of openness, equity and justice.

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

Relevant sectors such as industrial and informationization, quality technical supervision, science and technology and commerce should be synchronized.

Article 5 Governments of more people at the district level should encourage trademark owners to raise the visibility of trademarks, create well-known trademarks and grant recognition and rewards to prominent units and individuals.

Chapter II

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

(i) The applicant is the owner of the registered trademark and its place of residence within the territorial administration;

(ii) The trademark shall be used for three consecutive years from the date of approval of registration and shall not be subject to controversy;

(iii) The quality and long-term stability in the same category of commodities using the trademark and the well-being and credibility of the trademark in the relevant public;

(iv) The main economic indicators, such as the use of the trademark, for almost three years of production, sales, tax, market ownership, etc., are ranked in the same sector in the province and have a broader marketing region;

(v) The applicant has not committed a violation of the exclusive right of a person to register a trademark and other grave breaches of the law;

(vi) The applicant's rigorous use, management and protection of trademarks in production, operation activities.

Article 7 requires the identification of well-known trademarks, and the applicant shall communicate the following materials to the first instance of the municipal and commercial administration in the province:

(i) The designation of the application by a prominent trademark;

(ii) The applicant's principal qualifications certificate and its copies;

(iii) A copy of the trademark registration certificate and changes, extensions, transfer certificates;

(iv) Write-use of written materials for the management and protection system;

(v) The sale of the trademark commodities and the sale area;

(vi) The major economic indicators, such as sales of goods using the trademark for almost three years, taxes, market-occupancy rates, and other material that can be proved to be well-known by the trademark;

(vii) Advertising material for nearly three years of commodities using the trademark.

Article 8. The industrial and industrial administration of the province shall be in the first instance in accordance with the conditions of the famous trademark within 30 days of the date of receipt of the application and shall sign the first instance. The application shall be returned to the applicant's grounds of in writing, together with the submission of the requested material to the provincial business administration.

Article 9. Experts from the provincial and industrial administrations engaged in economic, legal, scientific and technological or related industries are specifically responsible for the evaluation of well-known trademarks. The experts should evaluate whether the applicant's registered trademarks are eligible for a well-known trademark based on the specific criteria for the identification of the well-known trademarks.

The number of experts participating in the evaluation should be less than 9, with the consent of more than 2/3 experts, to be evaluated.

Article 10. The famous trademarks adopted in the evaluation shall be issued by the provincial and commercial administration, which shall be made public and shall be issued to the applicant for the award of the famous trademark certificate in the Southern Province of the River; the applicant shall be informed in writing and the reasons for it.

Article 11. The valid period of the famous trademark is three years and is calculated from the date of the announcement.

In the three-month period prior to the expiration of the well-known trademarks, the well-known trademark owner considers it necessary to maintain his or her well-known trademark qualifications, which can be reported to the provincial and commercial administration in accordance with the request. In order to meet the well-known terms of trademarks, the provincial and business administration should be granted a continuation and public notice of the three-year duration of each continuation; the applicant should be informed in writing and justified in the event of a failure to meet the well-known commercial mark conditions. The absence of an extension request after the expiration of the period was seen as automatically renunciating the qualifications of the famous trademark.

Article 12 Reviews and determines that a prominent trademark shall not be charged to the applicant.

Chapter III Protection and management of prominent trademarks

Article 13 Governments and relevant sectors should encourage and support enterprises with well-known trademarks to increase technological innovation and focus on scientific research project arrangements, technology adaptation.

Article 14. All prominent trademarks, users during an effective period of well-known trademarks, can be used in their registered trademark approved commodities and their packaging, babies, statements, advertisements, exhibitions and other business activities by using the term “known trademarks” in the Southern Province. No unit or individual may be used without legal determination or without the consent of the owner.

Article 15. The commodities approved by the famous trademark are prominent commodities. Any other unit or person may not be allowed to use the name, packaging, babies, or to use the name, packaging, babies that are close to the known commodities.

Article 16 may apply to the provincial business administration for the name of the enterprise in which the name of the term “ River South”, or the letter of the famous trademark may be used as an enterprise word.

Article 17, from the date of the well-known trademark, a unit and a person other than the owner to apply for the registration of the name of the enterprise in the same sector or, in spite of the different industries, is sufficient to give public misconceptions and may have a negative impact on the legitimate rights and interests of the owner, and the business administration sector does not approve. Except as otherwise provided by the State for the registration of corporate names.

Article 18, the legitimate rights and interests of the owner and the use of the person are violated outside the administrative region of the province, and the assistance requested by the business administration sector in the province should assist them in defending their legitimate rights.

Article 19 is a well-known owner and the user shall guarantee the quality of the commodities they produce and sell, and shall not be subjected to indiscriminate, sub-standard and consumer legitimate rights.

Article 20 Changes in names, addresses or other registered matters for prominent trademark owner shall be reported to the provincial business administration within 30 days of the change.

Article 21, where the owner of the famous trademark is transferred by law and the transferee is allowed to use the trademark as a prominent trademark, should be reclaimed in accordance with the provisions of this approach.

Chapter IV Legal responsibility

Article 2 is one of the prominent trademark owners, which are revoked by the provincial and business administration, the award of prominent commercial mark certificates in the River Southern Province and made public notices:

(i) Submission of false material to deceive the well-known trademarks;

(ii) During the effective period of the well-known trademark, the quality of the commodities referred to by the prominent trademark and the surplus of the latter's services, or the significant decline in their production, sales, taxation, market ownership rates;

(iii) The transfer of their famous trademarks by all prominent trademarkers in accordance with the law, without reconfirmation as provided for in this approach;

(iv) A well-known trademark owner goes beyond the use of the “known trademarks” used by registered trademarks, and the business administration is responsible for changing their deadlines and refusing to change;

(v) The effective expiry of the mark of a well-known trademark, which has not been applied for continuation or after the application for continuation, is not in accordance with the conditions set out in article VI of this approach.

One of the acts in paragraph 1, subparagraphs (i), (iv), of this article, the business administration sector may depend on the circumstances and impose a fine of up to 3,000 dollars.

Article 23, in violation of this approach, provides that the use of the term “known trademarks” in the Southern Province of the River, without legal determination or without the legal permission of the owner of the well-known trademark, shall be subject to a fine of up to 3,000 dollars in the commercial administration.

Article 24 violates the exclusive right of trademarks of other persons or violates article 15 of this approach, which is punishable by law, regulations and regulations such as the Trademarks Act of the People's Republic of China, the People's Republic of China Anti-justice Competition Law.

Article 25

(i) Evaluation and identification of well-known trademarks in violation of statutory procedures;

(ii) Failure to fulfil the responsibility to protect prominent trademarks by law;

(iii) The fees charged to the applicant in violation;

(iv) There are other abuses, provocative fraud and serious consequences.

Chapter V

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

Article 27 of this approach is implemented effective 1 February 2010.