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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256389.shtml

Henan province famous trademark determination and protection measures

    (December 11, 2009 Henan provincial people's Government, the 57th Executive meeting on December 28, 2009, released, 129th of Henan province as of February 1, 2010) Chapter I General provisions

    The first famous trademark in order to standardize the work, protection of famous trademark owners, occupiers and the legitimate rights and interests of consumers, promote economic development, according to the People's Republic of China trademark rights, the People's Republic of China implementing regulations of the trademark law and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Second approach applies within the administrative region of this province famous brand identification, protection and management.

    Famous trademarks mentioned in these measures refers to enjoy high reputation in the market, being known by the public and registered trademarks identified by it in accordance with these measures.

    Finds that the application of the article famous trademarks, implementation of the voluntary principles.

    Recognized famous trademarks should follow the principle of openness, fairness and justice.

    Fourth administrative departments for industry and commerce organizations responsible for famous brand identification, protection and management.

    Industry and information technology, quality and technical supervision, technology, business, and other relevant departments should coordinate with related work.

    Fifth people's Governments above the county level should encourage trademark owners to raise brand awareness, creating famous brand, to commend and reward outstanding units and individuals.

    Chapter II famous trademark determination

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

    (A) the applicant is an owner of a registered trademark, and their place of residence, within the administrative region of this province;

    (B) the trademark from the date of registration for 3 years in a row, and there is no dispute;

    (C) use of the trade mark goods in similar goods in good quality, long-term stability, and good after-sales service, and the trademark in the relevant public has high visibility and good reputation;

    (D) use of the trade mark goods for nearly 3 years of production, sales, tax amounts, market share and other major economic indicators in leading the industry in the province, and has a wide range of sales territories;

    (E) applicants for nearly 3 years without infringement of registered trademark rights, and other severely illegal business;

    (Vi) in production and business activities of the applicant in the strict trademark use, management and protection measures.

    Article seventh application finds the famous trademark, the applicant shall submit the following materials seat of provincial administration for industry and Commerce of first instance:

    (A) the famous trademark applications;

    (B) applicant qualification proved its photocopies;

    (C) the certificate of trademark registration, renewal, transfer and change copy;

    (D) trademarks management and protection system for the use of written materials;

    (V) use of the trade mark commodities sales and sales area;

    (F) use of the trade mark's merchandise sales for nearly 3 years, tax amounts, market share and its main economic indicators such as sorted in the same industry in the province or other material can prove that the famous trademark;

    (VII) use of the trade mark products advertising materials for nearly 3 years. Eighth provincial administration for industry and commerce shall from the date of acceptance of the application at first instance on the famous trademark terms in the 30th, and signed a preliminary review opinions.

    To meet the famous trademark is recognized by, submitted to the provincial industrial and commercial Administration Department in conjunction with application materials; to famous trademark determination conditions are not met, should be returned to the application, and shall inform the applicant inadmissible grounds. Nineth provincial industrial and commercial administration departments to employ economic, law, science and technology or related industry experts specifically responsible for the famous trademark evaluation.

    Famous brand of experts should be based on the application materials, control the famous trademark is recognized by specific criteria, famous trademark of registered trademark availability to applicants eligible for review.

    Attends the review experts shall not be less than 9, for more than 2/3 experts agree, for approval.

    Tenth review famous trademarks, found documents issued by the provincial administration for industry and commerce shall be published and issued to the applicant of the Henan province certificate; not pass peer review, and shall notify the applicant in writing and state the reasons.

    11th famous trademark is valid for 3 years, calculated from the date of the announcement. Famous trademarks within 3 months before the expiry date, view was expressed by the famous trademark needed to keep its famous trademark qualification, you can apply for the confirmation of the program apply submit application materials to the provincial industrial and commercial administration authorities for an extension. Meets the conditions of famous trademark, the provincial administration for industry and commerce shall approve the extension and announcement, continued for a period of 3 years at a time; does not meet the conditions of famous trademarks, and isn't renewed, it shall notify the applicant in writing and state the reasons.

    Renewal application had been filed after the expiry of, as a famous trademark of waiver eligibility.

    12th review and determination of famous trademark shall not be charged to the applicant.

    Chapter III protection and administration of famous trademarks

    13th above county level people's Governments and relevant departments should encourage and support enterprises increase technology innovation with famous trademarks, and give them support in scientific research projects, technological innovation. 14th famous trademark owner, used in the famous trademark is valid, within its approved use of the registered trademark and packaging of goods, decorating, brochures, advertising, exhibitions and other commercial activities use "Henan famous brand".

    Not legally ascertained or without permission from the owners of famous trademarks in accordance with, any unit or individual shall not be used. 15th used goods for well-known goods approved by the famous trademark.

    No other units or individuals are not allowed to use the famous product-specific name, packaging or decoration, or use related to the well-known name, packing and decoration.

    16th famous trademark owners may apply to the provincial administration for industry and commerce as "Henan" typeface name, famous trademark can also be written as enterprise size. Article 17th since the famous trademark determination date, the famous trade mark all the units and individuals other than with the famous text of trademarks identical with or similar to apply for registration of Enterprise name, genus or belonging to different sectors of the industry, but enough to cause public mistake which may cause harm to owners of famous trademarks, industrial and commercial administrative departments are not approved.

    State Enterprise name registration except as otherwise provided.

    18th famous trademark owners, using people's legitimate rights and interests in the administrative region of this province suffered abuse, request for help to the provincial industrial and commercial administration departments, industrial and commercial administrative departments should assist in maintaining the legitimate rights and interests.

    19th famous trademark owners, users should ensure the quality of its production and sale of goods, not shoddy, shoddy, infringement of the legitimate rights and interests of consumers.

    20th famous trademark owners change of name, address or other registered matters should be changes within 30th of changes submitted to the provincial industrial and commercial administration departments for the record.

    21st famous trademark owners legally transfer the famous trademark, the assignee assignee after the trademark, the trademark is to be continued as a famous trademark use, according to the provisions of these measures shall be applied for determination.

    The fourth chapter legal liability

    22nd famous trademark owners have one of the following, by the provincial administration for industry and Commerce revoked the famous trademark qualification, recovery of the Henan province certificate, and make an announcement:

    (A) submission of false information to defraud famous trademark;

    (B) in the famous trademark is valid within the well-known trademark referred to poor product quality and after-sales service, or its production, sales, taxes, market share and other major economic indicators have declined;

    (C) the famous trademark owners legally transfer their famous trademarks, not recognized once again as provided herein;

    (D) the famous trademark owners beyond the approved use of the registered trademark product range using the "Henan famous brand", industrial and commercial administrative departments to order within a time limit which it refuses;

    (E) the expiry of famous trademarks, and fails to apply for continuation or renewal after review does not comply with the conditions specified in article sixth.

    First paragraph of this section (a), (d), industrial and commercial administrative departments depending on the seriousness, and fined a maximum of more than 5000 Yuan and 30,000 yuan.

    23rd violates these rules, not legally ascertained or without permission from the owners of famous trademarks in accordance with, without authorization, goods and their packaging, decoration, brochures, advertising, exhibitions and other commercial activities in the "Henan famous brand" is written, the industrial and commercial administrative authority shall order rectification, and a fine of between 10,000 yuan and 30,000 yuan.

    24th infringe famous trademarks trademark or violate the provisions of article 15th, industrial and commercial administrative department or other relevant departments in accordance with the People's Republic of China trademark rights, the People's Republic of China against unfair competition laws and other laws and regulations will be punished.

    25th industrial and commercial administrative departments and their staff, one of the following circumstances, a famous trademark review and managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) violation of legal procedures, organization reviews, finds the famous trademark;

    (B) failing to perform their duties of protection of famous trademark;

    (C) illegal to charge fees;

    (D) other acts of abuse of power, favoritism and cause serious consequences.

    The fifth chapter by-laws

    26th article of the measures relating to commodity trademarks shall, apply to service marks. 27th article this way come into force on February 1, 2010.