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Recognition And Protection Of Well-Known Trademarks, Wuxi City Approach

Original Language Title: 无锡市知名商标认定和保护办法

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(Summit No. 52 of 16 June 2006 of the Government of the Turkmen State considered the adoption of the Ordinance No. 84 of 22 June 2006 No. 84 of the Order No. 84 of 22 June 2006 of the Government of the Community of the Republic of Western Sahara, effective 1 August 2006)

Article 1, in order to protect the legitimate rights and interests of all prominent trademarks in this city, raise the visibility and market competitiveness of products and promote economic development, develop this approach in line with relevant laws, regulations, such as the Trademarks Act of the People's Republic of China.
The renowned trademarks described in this approach refer to the high reputation in the market, to the public concerned and to the registered trademarks determined in accordance with this approach.
The renowned trademarks of the SARS are limited to the licensee's mark and the goods and services approved.
Article 3 Determines and protects the application of this approach to the identification and protection of renowned trademarks.
Article IV is responsible for the identification and protection of renowned trademarks in the municipality of Sangong (hereinafter referred to as the non-Secretariat Chamber of Commerce and Industry).
Article 5 Findings of renunciable trademarks in the city are guided by fair, fair and public principles and a centralized or case-by-case approach.
Article 6. The determination of the non-settled trademark is voluntary by the trademarkers.
Article 7. The application for the determination of a renowned trademark shall have the following conditions:
(i) The trademark is validly registered in the country and is lawfully used by business units, social groups, individual businessmen;
(ii) The use of the trademark's commodity market coverage and retention rates are predominant in the same industry;
(iii) The main economic indicators for the use of the trademark commodities for almost three years (location, taxation, export volume, treasury, etc.) are listed in the same industry in the city;
(iv) The trademark has a high degree of visibility among the relevant public, with its advertising coverage, advertising, duration, etc. presidence in the same industry in the city;
(v) The quality of commodities used by the trademark meets the advanced levels in the city and has improved resale services and the low rate of consumer complaints;
(vi) The trademarks for exporting commodities should be registered in the main exporting country (zone) with a large volume of commodity sales using the trademark and a wide area of sale;
(vii) The owner of the trademark was not subject to the exclusive rights of the other registered trademark and had a strict commercial mark-use management system;
(viii) The trademark registry does not have any other breach of the trademark law, regulations, regulations.
Article 8. The trademark registereders apply for the identification of the market renowned trademarks, and through the location (at district), the sector of business administration in the area of the SARS.
Article 9. Applications for the identification of municipal renowned trademarks should be filled with the identifier of the application and, in accordance with the conditions set out in Article 7 of this scheme, the provision of relevant certified material such as the “Central license”, the Commercialmark Registration Certificate, the recent three-year asset balance sheet and the profit sheet. The material must be authentic and stated.
The licensee of trademarks authorizes the trademarkers to apply for the renowned trademarks of the city, and must also provide copies and authorizations for applications.
Article 10 (Paraguay), the sector of business administration should conduct a first instance of the material within 15 days of receipt of the applicant's submission and related supporting material. In line with the requirements, the signing of the opinion was not presented to the Chamber of Commerce and Industry; it was not in accordance with the requirements, to return requests and to substantiate material and to justify the reasons.
The declared material is essential, but is needed to be added, and the WCL should notify the applicant to be added to the designated content within 15 days. Removal requests and certified materials were not later completed.
Article 11 shall investigate, validate and seek the views of the relevant sectors, industry organizations and social groups, within three months, after the application is accepted by the Chamber of Commerce and Industry.
Article 12 states that, in accordance with the conditions of the renowned business of the city, it shall be declared by the Chamber of Commerce and Industry and that no unit or person may object to the SPS within 15 days of the date of the proclamation. The notice expires without objection and finds it to be issued to the renowned trademark certificate in the city; to the extent that it does not meet conditions, it is not determined that the applicant's written notice and the reasons for the reasons.
Article 13 presents an effective period of three years for renowned trademarks from the date of publication. The owner of the renowned trademark will need to continue to retain the renowned trademark and to apply for the determination three months before the expiry of the period. The renunciation was automatically invalid.
Article 14. Eminent trademarks may be used by all accredited commodity and commodity packaging, babies, notes, commodity trading instruments, advertising, exhibitions and other operational activities, while identifying the period of effectiveness.
Article 15 has been identified as a prominent trademark in the no-settlement city, without the option of the Chamber of Commerce and Industry to recommend to the Business Administration of the Province of Susang the identification of a prominent trademark in the province or the designation of a trademark to the national business administration.
Article 16, by virtue of its determination, is protected by the following:
(i) From the date of the notice of the renowned trademark, others will be used as part of the same letter as the name of the enterprise or will be used by others as part of the name of the enterprise and may cause misconceptions by the public, and the business administration does not approve registration;
(ii) Any unit or individual shall not be able to confuse the use of the name, packaging, babies or their names, packaging and loading, which are identified as a identifiable commodity by the purchaser;
(iii) Eminent trademarks are taken off in different places, and the non-settlement and business administration sector should be able to help the owner of the trademark in accordance with the law in a timely manner;
(iv) Other protections provided for in laws, regulations and regulations.
Article 17 The owner and the user of the renowned trademark shall fulfil the following obligations:
(i) The scope of use shall not be extended only if the commodities or services approved at the time of the discovery of the renowned trademark;
(ii) Enhance internal management and self-protection of trademarks, improve the quality of commodities and preserve the reputation of prominent trademarks;
(iii) When the owner licenses the other person, the procedure for the licence is governed by the law and the filing of a non-secretariat business bureau;
(iv) Changes in the name, address and other registration matters of the owner of the mark will be reported to the Chamber of Commerce and Industry within thirty days of the date of the change of approval;
(v) In the transfer of trademarks by the law of the owner, the transferee will need to use the word “renowned trademarks” or symbols in commodities and to re-appoint it in accordance with this approach;
(vi) The transfer of prominent trademarks or the investment of trademarks, the conduct of trademark assessment in accordance with the relevant provisions, and the submission of a request by the Chamber of Commerce and Industry;
(vii) Other obligations under laws, regulations and regulations.
In one of the following cases, the Subsidiary Body for Industry and Industry should withdraw the qualification of the prominent trademark and make a public declaration, while at the same time halting the use of the term “renowned trademarks” in commodity and business activities:
(i) Acknowledged trademark by providing unjustifiable means, such as false proof;
(ii) The abuse of products, which is good, undermines the interests of consumers or users;
(iii) Violations of the exclusive right of a person to register a trademark or to know that another person violates his or her trademark rights does not take protection measures;
(iv) In violation of article 17, paragraphs (ii), (iii), (v) of this approach, the circumstances of which are serious;
(v) Other violations of the laws and regulations seriously affect the credibility of the prominent trademarks.
In the case of the former paragraph, any unit or individual may submit a proposal for the withdrawal of the renowned trademark to the unspeakable Chamber.
Article 19, in violation of the relevant provisions of this approach, is punishable by the business administration in accordance with the laws and regulations of the People's Republic of China Trademark Act, the Law on Trademarks of the People's Republic of China, the People's Republic of China Anti-Frame Law.
Article 20, Staff members of the business administration and other associated personnel should be held accountable for administrative responsibility in the identification and protection of renowned trademarks in the city, abuse of their functions, provocative fraud, which constitutes an offence and criminal liability by law.
Article 21, this approach is implemented effective 1 August 2006.