Advanced Search

Determination And Protection Of Famous Trademarks In Wuhan City Approach

Original Language Title: 武汉市著名商标认定和保护办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(The 20th ordinary meeting of the Government of the city of Vavhan, 9 November 2007, considered the adoption of the Decree No. 181 of 5 December 2007 No. 181 of the Order of the People's Government of Vavhan, which came into force on 5 January 2008)

Article 1 establishes and protects the legitimate rights and interests of all markers, users and consumers in accordance with the Trademarks Act of the People's Republic of China and other relevant laws, regulations and regulations.
Article II refers to the famous trademarks in the city of Vavhan (hereinafter referred to as the city's famous trademark), which are known to the relevant public in the present market and are registered in accordance with this approach.
The determination and protection of the market's famous trademarks apply.
Article 3 identifies and protects prominent trademarks in the city, which should be guided by the principles of voluntary, open, fair and fairness.
Article IV is responsible for the identification and protection of prominent trademarks in the city.
The relevant sectors such as urban development reform, finance, tax, State asset management, quality technical supervision, industrial, commercial, agricultural and other sectors, in accordance with their respective responsibilities, are able to work related to the identification and protection of prominent trademarks in the city.
Article 5 Findings of prominent trademarks in the city should have the following conditions:
(i) The trademark has been used for three consecutive years from the date of approval of registration;
(ii) Commodities (including services, under the same headings) are produced and operated in this city;
(iii) The tax of the owner in this city;
(iv) The high degree of credibility and awareness among the relevant public;
(v) The main economic indicators, such as commodity yields, sales, profit and market tenure rates, as shown in the trademark, are generally listed in the same industry;
(vi) Quality stability of commodities as shown in trademarks;
(vii) The use, management, protection and promotion of trademarks by all trademarks.
Article 6. The owner shall apply for the identification of the city's famous trademark and shall submit the following material to the Division of Business Administration in the place of residence:
(i) A list of applications for confirmation, which were compiled by the municipal and commercial administration;
(ii) Legal and effective identification;
(iii) A certificate of registration of trademarks;
(iv) Materials for the use, promotion, management and trademark-marked protection of commodities as shown in the trademark for almost three years;
(v) Evidence of major economic indicators, such as production, sales, profitability, shown in the trademark;
(vi) The value of commodity market possession as shown in the trademark is shown in the same industry in the city;
(vii) Evidence of the quality of commodities shown in the trademark;
(viii) The owner's certificate of continuing tax in the city for almost three years;
(ix) Other material that is in compliance with the conditions set out in article 5 of this approach.
As indicated in paragraph (v) above, the certificates to be made by the accountants are required; the certificates listed in subparagraph (vi) must be made by the relevant industry associations, without the relevant industry associations, subject to the applicant's statistical survey material and the manner and scope of the survey.
The evidence set out in paragraph 1 (vii) of this article refers to the full-qualified test of the quality of the last three-year period provided by the quality technical oversight department (including the municipal level).
The applicant's request for the identification of the material should be authentic and no waiver.
Article 7. The business administration shall be treated in accordance with the following provisions upon receipt of the request for identification of material:
(i) The material is fully materialized and written decisions have been taken within five working days from the date of receipt of the material;
(ii) The material is incomplete and, in writing, within five working days, the applicant is being added within 10 days; the late notification is considered admissible. The applicant was informed that the applicant's submission of all additional material was time-consuming. The applicant's late irreparable written decision;
(iii) Without the scope of admissibility, written decisions that are inadmissible within three working days of the date of receipt of the request;
(iv) All material will be delivered to the municipal business administration within five working days from the date of receipt.
Article 8. The municipal and business administration sector should, within 10 working days of the date of receipt of the applications sent by the Division of Business Administration, issue a notice of the first instance of the city's famous commercial mark in the main public media and seek the views of consumers and other relevant public.
The business administration should be kept in custody of the applicant's application; it is commercial secret and should be kept confidential.
Article 9. The municipality and the business administration sector should conduct a review, verification of the authenticity of the application materials and provide written advice. During the period under review, views should be sought with respect to industry authorities, industry associations, consumer rights protection organizations, and, where necessary, relevant bodies could be entrusted with investigations.
Article 10, within 30 days of the publication of the Proclamation of the Search of Eminent Trademarks in the city, the applicant and other units, individuals may object to the first instance of the municipal business administration. In the course of the review, the municipality and the business administration should allow the dissenting to present the facts and reasons, and, as confirmed by the survey, the decision that is not determined in accordance with the conditions of the determination may be taken directly and communicated to the applicant in writing; it is considered that the provisions of Articles 11, 12, 13, 14 and 14 of this approach may be determined through the evaluation process.
Article 11. The municipal business administration sector should establish an evaluation mechanism for prominent trademark experts in the city, with the establishment of a pool of evaluation experts consisting of municipal and commercial administration, quality technical supervision, industrial, commercial, agricultural, statistical, tax and related industries, as well as economic, legal, scientific and technological practitioners.
Each identifier of the city is determined by the city's business administration in accordance with the categories and characteristics of the commodities indicated in the trademark, from the assessment expert pool to determine the number of singles (9 of them) and the Director of the Commission is chaired by the main head of the municipal business administration.
Article 12 The Evaluation Committee shall, in accordance with the conditions set out in this approach, conduct an objective and impartial evaluation of the well-known applications for trademarks, the review of the municipal and business administration and other views.
The prominent trademark evaluated by the Evaluation Committee shall be voted by all members in a secret ballot and adopted by more than 2/3 members.
The members of the evaluation committee shall not be entrusted with the evaluation and voting of others.
Article 13. The members of the Evaluation Committee and other personnel involved in the evaluation, determination of work are in the interest of the applicant and may affect fair evaluation, determination and should be avoided.
The applicant or the stakeholder considered that the members of the evaluation committee and other personnel involved in the evaluation, the identification of the work should be avoided and could be presented in writing or orally to the municipal business administration.
Article 14. The municipal and industrial administration should be organized within three months from the expiry of the first instance notice and be determined or not determined in accordance with the evaluation opinion of the Committee. It was determined that social announcements should be issued to the applicant for the award of a well-known trademark certificate and branding; unconfirmed grounds should be given in writing to the applicant.
It was found to be a prominent trademark in the city, which was rewarded by the Government of the communes for all trademarks, with specific incentives being developed by the Municipal Chamber of Commerce and Industry Administration and by other relevant departments and published by the Government.
Article 15. The effective period of the city's famous trademark is three years.
The effective expiry of the city's famous trademark will require the continuation of the determination that a three-month extension may be granted by a three-month roll-out of the application by the end of the three-month period.
The extension has not yet been submitted to continue to determine the application, with the determination of the famous trademarks in their city being automatically devoidated and to be made public by the municipal and commercial administration.
No unit or individual shall carry out the following acts relating to the renowned trademarks of the city:
(i) The use of the words, symbols, other commodities other than those indicated in the city's famous trademarks, and their packaging, babies, statements or advertisements in the use of “the city's famous trademarks”;
(ii) To use the reputation of prominent trademarks in the city, to produce false commodities and to undermine consumer interests;
(iii) Fering, taking advantage, alteration, replication, borrowing, renting, selling the city's famous trademark certificates, brands;
(iv) In the absence of the municipal business administration sector, the use of the term “enablings” or symbols in their commodities and packaging, babies, statements and advertising, exhibitions, displays;
(v) Other acts that are not carried out by law, legislation and regulations.
Article 17, which is determined to be a prominent trademark in the city, is not authorized by the business administration sector since the date of the publication of the notice, any unit and individual will register the same letter as the trademark.
Article 18 is in the same or similar commodities as those indicated in the city's famous trademarks and will be used as a commodity name, packaging, babies, or as a non-registered trademark and may result in misconceptions of the relevant public, and the owner of the city may be brought to the end of the business administration.
In one of the following cases, the city's business administration revoked its renowned trademark No. 19 and made a public declaration:
(i) The mark of a registered trademark was cancelled or cancelled by law;
(ii) Losss of the predetermined conditions for prominent trademarks in the city during an effective period;
(iii) The applicant's failure to make false statements, forfeiture the material and forfeiture the prominent trademarks in the city;
(iv) The falsification, use, painting, replication, borrowing, renting, sale of the renowned trademark certificate, branding;
(v) The quality accidents and the social impact of the commodities indicated in the famous trademarks in the city.
Article 20, in violation of article 16, subparagraph (c) and article 16, subparagraphs (i), (iv), of this scheme, provides forfeiture, replication, borrowing, renting, sale of publicly-owned trademark certificates, brands, or unauthorized use of prominent trademarks, branding or symbols of the city, forfeiture of the proceeds of the violation by the business administration and forfeiture of the proceeds of the crime, with a fine of $300,000.
Article 21 Staff members of the executive branch shall be held accountable under the law by their offices, superior authorities or inspection bodies, in accordance with the law, in the determination and protection of their negligence, abuse of authority, provocative fraud or failure to perform their duties in the city's famous trademarks, and in accordance with the law; in the event of loss of property to others, they shall be liable under the law; in the form of a crime, to bring to justice.
Article 22 is incompatible with the specific administrative conduct of the business administration sector, which may be applied by law for administrative review or administrative proceedings.
Article 23 of this approach is implemented effective 5 January 2008.