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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(June 16, 2006 Wuxi municipal people's Government at the 52nd Executive meeting on June 22, 2006 Wuxi municipal people's Government announced as of August 1, 2006, 84th) first, famous, in order to protect the legitimate interests of trademark owners, increase product visibility and market competitiveness, promote economic development, according to the People's Republic of China trademark law and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Second Wuxi famous trademarks mentioned in these measures refers to in the market enjoy high reputation, widely known by the relevant public and be recognized registered trademarks in accordance with these measures.
    Wuxi city famous trademark to be recognized and approved the use of a registered trademark goods and services are limited.
    Recognition and protection of well-known trademarks, Wuxi article procedures apply.
    Fourth, Wuxi, Jiangsu Administration for industry and Commerce (hereinafter referred to as the Wuxi Bureau) is responsible for the recognition and protection of well-known trademarks of Wuxi city.
    Fifth, Wuxi city, the determination of well-known trademarks follows the principles of fairness, impartiality, openness, concentration or cases found that way.
    Sixth, Wuxi city, the determination of well-known trademarks owned by voluntary application for trademark registration.
    Seventh article application finds Wuxi well-known trademark should has following conditions: (a) the trademark for domestic effective registered trademark, and by this city enterprises, and social groups, and individual industrial and commercial households legal using; (ii) using the trademark of commodity market coverage and share in city industry in the ranked forefront; (three) using the trademark of commodity near three years to of main economic index (sales, and tax, and export volume, and volume,), in city industry in the ranked forefront; (Four) the trademark in related public in the has high of visibility, its advertising coverage, and advertising amount, and continued time, in city industry in the ranked forefront; (five) using the trademark of commodity quality reached city advanced level, and has perfect of after-sales service, consumers complaints rate low; (six) export commodity of trademark should in main export national (area) registered, using the trademark of commodity sales volume big, sales area widely; (seven) trademark registered people not occurred had violations others registered trademark dedicated right behavior,
    With a strict trademark management system, (VIII) the registrant has not been other violations of trademark laws, regulations, rules of behavior.
    Article eighth, well-known trademarks, trademark registration applications identified, through the seat of city (County) apply to the Wuxi Bureau, district administration for industry and commerce. Section Nineth recognized, well-known trademarks, should fill out the application form for Wuxi famous trademark, and in accordance with the conditions laid down in article seventh, provide a copy of the business license, and trademark registration certificate copies, nearly three years the balance sheet and the profit and loss statement and other related documents.
    Evidence must be reliable, and attribution.
    Registrant authorizes, well-known trademarks, trademark applicants must also provide a copy of the trademark license contract and authorizing documents. Article tenth City (County), the District Administration for industry and commerce shall on receipt of the applicant's application and the date of the relevant documents in the 15th, trial of the relevant material.
    To meet the requirements of, and signed observations reported to the Bureau of Wuxi; do not meet the requirements of, and returned to the application and supporting materials, together with the reasons. Application materials are available, subject to correction, Wuxi Bureau shall notify the applicant to correction according to the contents in the 15th.
    Overdue rectification, and returned to the application and supporting materials.
    11th Wuxi Bureau after acceptance of the application shall be conducted in accordance with the conditions set out in article seventh survey, demonstrating, and to seek the views of the relevant departments, industries, organizations and community groups, identified or not identified decisions taken within three months. Article 12th in line with conditions of well-known trademarks, Wuxi city, Wuxi Bureau shall be published, from the date of notice in the 15th, and no units or individuals may submit objections to the Wuxi Bureau.
    Notice expires without objection, found that Wuxi city famous trademark certificate will be issued; does not meet the requirements, not identified, notify the applicant in writing and state the reasons. 13th city famous trademark is valid for three years, calculated from the date of the announcement. Famous trademark owners need to retain the well-known trademark, before the expiry of three months to reapply for identification.
    Expired no longer apply, and the well-known trademark lapse.
    Article 14th famous trademark owners can be approved for use in the goods and packaging, decorating, specifications, commodity trading instruments, advertising, exhibitions and other business activities using "famous brand of Wuxi" or mark and shall be indicated in identified period.
    15th was recognized as well-known trademarks of Wuxi city, Wuxi Jiangsu provincial administration for industry and Commerce Council preferred to trade and industry finds that Jiangsu famous trademark or recommended to the State administration for industry and Commerce found that a well-known trademark. 16th article well-known trademark once finds, in this city range within that by following protection: (a) since well-known trademark announcement of day up, others will and the well-known trademark same text as Enterprise name of part using, or others will and the well-known trademark approximate of text as Enterprise name of part using, and may caused public errors recognize of, business administration sector not approved registration; (ii) any units and personal shall not unauthorized using was finds for well-known trademark commodity unique of name, and packaging, and
    Decoration or similar name, packing and decoration, confusing, mistaking the customer and (iii) infringement of well-known trademarks in different places is fake, Wuxi administration of industry and commerce shall promptly help well-known trademarks all rights according to law; (d) laws, regulations and other protection regulations. 17th article Wuxi well-known trademark all and using people should perform following obligations: (a) only using in was finds for Wuxi well-known trademark Shi by approved of commodity or service Shang, shall not expanded using range; (ii) strengthening trademark of internal management and self protection, improve commodity quality, maintenance well-known trademark of reputation; (three) well-known trademark all license others using Shi, law handle license using procedures, and submitted Wuxi Bureau record; (four) well-known trademark all change registered people name, and
    Address and the other registered matters of, in change approved of day up 30th within will change matters submitted Wuxi Bureau record; (five) well-known trademark all law transfer trademark Shi, by let people need in commodity Shang using "Wuxi well-known trademark" words or logo of, according to this approach again application finds; (six) well-known trademark was transfer or to trademark investment of, according to about provides for trademark assessment, and submitted Wuxi Bureau record; (seven) legal, and regulations, and regulations provides of other obligations.
    18th article has following case one of of, Wuxi Bureau should revoked the well-known trademark qualification, and be announcement, while stop its in commodity and business activities in the using "Wuxi well-known trademark" words or logo: (a) to provides false proved material, not due means made well-known trademark of; (ii) products shoddy, shoddy, damage consumers or user interests of; (three) violations others registered trademark dedicated right or knows others violations himself trademark dedicated right behavior not take protection measures of;
    (D) violation of article 17th of this approach (b), (c) and (e) provision, if the circumstances are serious, (v) any other acts in violation of laws and regulations, seriously affect the credibility of the well-known trademark.
    The acts listed in the preceding paragraph, no unit or individual may appeal to the Wuxi Bureau the proposed removal of the well-known trademark.
    19th in violation of relevant provisions of these measures, by the administration of industry and commerce in accordance with the People's Republic of China trademark rights, the People's Republic of China implementing regulations of the trademark law and the People's Republic of China against unfair competition act and other laws and regulations, will be punished.
    20th industrial and commercial administrative staff and others involved in recognition and protection of well-known trademarks, Wuxi city work, abuse of power, favoritism should be prosecuted administratively constitutes a crime, criminal responsibility shall be investigated according to law.
    21st article this way come into force on August 1, 2006.

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