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

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(On November 9, 2007 Wuhan City Government 20th times Executive Conference considered through on December 5, 2007 Wuhan City Government makes 181th, announced since on January 5, 2008 up purposes) first article for specification Wuhan famous trademark (containing commodity trademark, and service trademark, and collective trademark, and proved trademark, with) of finds and protection work, protection trademark all, and using people and consumers of lawful rights and interests of, according to People's Republic of China trademark law and other about legal, and regulations,
    This municipality actually, these measures are formulated.
    Second Wuhan City famous trademark in these measures (hereinafter referred to as famous trademark), refers to the market in this city enjoys a high reputation, well known to the public, and registered trademarks identified by it in accordance with these measures.
    Determination and protection of famous trademarks, the application of this approach.
    Article, determination and protection of famous trademarks, and shall follow the voluntary, principles of openness, fairness and justice.
    Fourth municipal administration for industry and commerce is responsible for city famous trademark identification and protection.
    The municipal development and reform, finance, taxation, State-owned assets administration, quality supervision, industrial, commercial, agricultural, and other relevant departments according to their respective responsibilities, well, determination and protection of famous trademarks, and related work.
    Fifth article city famous trademark of finds should has following conditions: (a) trademark since approved registered of day up continuous using full 3 years; (ii) trademark by shows commodity (containing service, with) in this city production, and business; (three) trademark all in this city tax; (four) trademark in related public in the has high of reputation degrees and cognitive degrees; (five) trademark by shows commodity near 3 years production, and sales, and profit and market share, main economic index General home this city industry forefront; (six) trademark by shows commodity of quality stable;
    (G) trademarks all trademarks held by the use, management, protection and promotion measures.
    Sixth article trademark all application finds city famous trademark, should to residence to business administration branch submitted following material: (a) fill in of by city business administration sector unified printed of finds application table; (ii) legal effective of identity proved; (three) trademark registered of proved file; (four) trademark by shows commodity near 3 years using, and publicity, and management and trademark dedicated right protection situation of material; (five) trademark by shows commodity near 3 years of production, and sales, and profit, main economic index of proved;
    (F) the marks shown in trade, industry, market share in the order of proof, (VII) marks shown in product quality certification; (h) the trademark owner for nearly 3 years in this city of continuous tax certificates; (IX) to ensure compliance with the conditions specified in article fifth of other materials.
    The preceding paragraph (v) listed in evidence, shall be issued by the accounting firm; (f) the certificate shall be issued by the relevant trade associations listed, no relevant industry associations, must be issued by applicants survey material description and survey methods and scope.
    The first paragraph of this article (VII) proof listed refers to the municipal level (municipal) of quality and technical supervision departments to provide proof of 3 years quality checks of all qualified.
    Apply for the confirmation of material submitted by the applicant shall be true, not fraud. The seventh applications, in industrial and commercial administrative Bureau identified material, should be dealt with in accordance with the following provisions: (a) the materials are complete, within 5 working days from the date of receipt of the materials make a written decision on admissibility; (b) the material is not complete, one-time advise the applicant in writing within 5 working days within the 10th correct; fails to inform the deemed inadmissible. Inform the applicant of correction, all the correct materials for your application submitted by the applicant.
    The applicant fails to correct the, written decision made inadmissible; (c) not part of the scope of acceptance, from the date of receipt of the application materials make an inadmissible decision in writing within 3 working days (iv) within 5 working days from the receipt of all materials submitted to the municipal administration for industry and commerce.
    Eighth of municipal administration for industry and commerce shall receive branch of industry and Commerce submitted within 10 working days from the date of the application, published on the major media in this city famous trademark notices in the first instance, seek the views of consumers and other relevant public.
    Industrial and commercial administrative departments shall identify the applicant's application materials for safekeeping; it is a commercial secret, should be kept confidential. Nineth of municipal administration for industry and Commerce of the authenticity of the application materials should be reviewed, verified and written comments.
    During the audit, should consult with relevant departments in charge of industry, industry associations, consumer protection organizations, advice when necessary, may entrust relevant agencies to investigate. The tenth city famous trademark announcement date of 30th in the first instance, the applicant and other units or individuals may appeal against preliminary observations of the municipal administration for industry and commerce.
    Municipal administration for industry and Commerce departments during the audit period should allow the opposition a statement of fact and reason, after investigation and verification, that finds that conditions are not met, you can make decisions that are not found, and notify the applicant in writing view can be identified through the review process, these measures are in accordance with the 11th, 12th, 13th, 14th of the rules.
    11th of municipal administration for industry and commerce shall establish famous brand expert review mechanism set up by the municipal administration for industry and commerce, quality and technical supervision, industry, Commerce, agriculture, statistics, taxation Department and related industry professionals, as well as economic, legal, scientific and technological workers and other reviewers.
    Each identified city famous trademark, the municipal administration for industry and Commerce according to the marks shown in the categories of goods and property, from the reviewers identified more than 9 (9) composed of Board Committee chaired by the municipal administration for industry and Commerce Department Chief.
    The 12th Panel of judges should be based on the conditions as provided herein, of famous trade marks applications, the municipal administration for industry and Commerce of audit opinions and other views, objective and impartial review.
    Review committees review famous trademarks, shall consist of all members voting by secret ballot, and was passed by the 2/3 members.
    Review the members of the Committee shall not delegate others to review and vote on.
    13th members of the Review Committee as well as to participate in assessment, identification of other persons and the applicant has an interest, may affect the impartiality of review, found, should be avoided.
    The applicant or an interested person that the Review Committee members as well as other personnel involved in the review, found that should be avoided, in writing or orally to the municipal administration for industry and Commerce departments. 14th of municipal administration for industry and commerce shall, within 3 months from the expiry of the notice of organization of first instance review and to review comments made by the Review Committee decision to found or not found.
    Finds, should be announced to the public and issued to the applicant city famous trademark certificate and plaque; not found, shall send to the applicant written reasons.
    Was identified as a famous trademark, awarded to the municipal people's Government on the trademark owner, specific incentives by the municipal administration for industry and commerce, together with other relevant departments in place, reported to the municipal people's Government for approval for implementation.
    15th city famous trademark is valid for 3 years.
    Needs to maintain that the expiration of famous trademark, an application should be submitted 3 months prior to the expiration, not mentioned, can give a wide extension of the 3 months.
    Extension still does not maintain that wide application, confirmation of its famous trademark expire automatically and by the municipal administration for industry and commerce shall be published. 16th article any units and personal shall not implementation and city famous trademark related of following behavior: (a) in city famous trademark by shows commodity yiwai of other commodity Shang and packaging, and decoration, and manual or advertising Shang using "city famous trademark" of words, and logo; (ii) using city famous trademark reputation, production fake commodity, damage consumers interests; (three) forged, and take with, and altered, and copy, and lending, and rental, and sold city famous trademark certificate, and plaque; (four) without city business administration sector finds,
    In their goods and packaging, decorating, specifications and advertising, exhibitions and shows when using "famous trademark" words or signs (e) other acts and regulations are not imposed by law.
    17th clause as a famous trademark, the identified date of announcement, any unit or individual and letter application for registration of the trademark for the name of the industry size, industrial and commercial administrative department not to approve registration.
    18th article in and city famous trademark by shows commodity not same or not similar of commodity Shang, will and city famous trademark same or approximate of text, and graphics, and letters, and digital, and three dimensional logo, and color and above elements of combination as commodity name, and packaging, and decoration using, or as not registered trademark using, and may caused related public errors recognize of, city famous trademark all, and using people can drew attention to the business administration sector be stop.
    19th article has following case one of of, by city business administration sector revoked its city famous trademark title and be announcement: (a) registered trademark was law revoked or cancellation of; (ii) in validity within lost city famous trademark finds conditions of; (three) applicants fraud, forged proved material, cheat city famous trademark of; (four) city famous trademark all forged, and take with, and altered, and copy, and lending, and rental, and sold city famous trademark certificate, and plaque of;
    (E) the city shown in the famous brand goods in the period of validity of quality accident and bad social impact.
    20th article violation this approach 16th article subsection (three) items and 16th article subsection (a), and (four) items provides, forged, and altered, and copy, and lending, and rental, and sold city famous trademark certificate, and plaque, and logo, or unauthorized using city famous trademark words, and plaque or logo of, by business administration sector confiscated its illegal proceeds, and at 3000 Yuan above 30000 Yuan following fine.
    21st executive staff in the city of famous trademarks and protection of dereliction of duty, abuse of power, favoritism or failed to perform their duties, by their work units, higher authorities or supervisory organs shall be subject to administrative liability; cause property damage to others shall bear liability constitutes a crime, the attention of the judicial organs shall investigate the criminal liability.
    The 22nd party not satisfied with the specific administrative act, the Administrative Department for industry and commerce, may apply for administrative reconsideration or bring an administrative suit.
                                                                              23rd these measures shall come into force on January 5, 2008.