Famous Trademark Of Shandong Province And Measures Of Protection

Original Language Title: 山东省著名商标认定和保护办法

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(February 6, 2006, Shandong provincial people's Government at the 63rd Executive meeting on February 21, 2006 the 185th of Shandong province promulgated as of April 1, 2006) first to standardize the work of famous trademarks, the effective protection of famous trademark owners, users and the legitimate rights and interests of consumers, in accordance with the People's Republic of China trademark law and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Second famous trademarks mentioned in these measures refers to in the administrative region of this province enjoys a high reputation, known by the relevant public and be recognized registered trademark pursuant to these measures.
    Article III the determination and protection of famous trademarks, these measures shall apply.
    Article fourth provincial industrial and commercial Administration Department is responsible for the determination and protection of famous trademarks; city divided into districts, counties (cities and districts) Administration for industry and commerce to assist the provincial industrial and commercial administration departments in famous brand recognition and protection work.
    Other sectors in accordance with their respective responsibilities, and do related work.
    Article fifth determination and protection of famous trademarks, should follow an open, just, fair and voluntary applications, the principle of special protection. Sixth article famous trademark should meet following conditions: (a) the trademark for domestic registered trademark, and trademark all of residence or trademark by refers to commodity of origin in this province administrative within; (ii) the trademark since approved registered of day up continuous 3 years law using, trademark is no dispute; (three) the trademark by refers to commodity in this province similar commodity in the quality and after-sales service excellent, in related public in the has high visibility and good reputation; (four) the trademark by refers to commodity near 3 years of production, and sales, and tax amount, and
    Main economic indicators of market share in similar products in a leading position in the province, and has a wide range of sales territories; (v) the trademark owner for nearly 3 years without infringement of registered trademark rights, and other severely illegal business; (vi) the trademark owner, using strict trademark use, management and protection system.
    Seventh article application finds famous trademark of, should submitted following material: (a) famous trademark finds application table; (ii) applicants subject qualification documents of copies; (three) trademark registered card and change, and continued exhibition, and transfer proved of copies; (four) trademark using, and management and protection situation; (five) trademark dedicated right suffered against situation; (six) the trademark or the trademark by refers to commodity near 3 years of advertising released situation;
    (Seven) provincial above industry competent sector or industry Association issued of the trademark by refers to commodity near 3 years of production, and sales, and tax amount, and market share, main economic index and in province within, and domestic industry of sort situation; (eight) about sector issued of the trademark by refers to commodity of quality situation; (nine) the trademark by refers to commodity of business situation and sales regional; (10) proved the trademark famous of other material.
    Article report applicants can apply for materials, industrial and commercial administrative departments, districts, can also be directly submitted to the provincial administration for industry and commerce.
    District of the municipal administration for industry and commerce shall from the date of receipt of the application materials transferred to the provincial industrial and commercial administration departments in the 10th. Nineth provincial administration for industry and commerce within the 30th of the receipt of the application materials, should be based on the present article sixth, seventh section a preliminary review of the application materials and make's decision to accept or not to accept.
    Decide to accept, and shall notify the applicant decide not to accept, application materials should be returned to the applicant and shall give reasons for inadmissibility.
    Application materials need to be corrected, should be a one-time written notice to the applicant within a correction; overdue correction, as a waiver application. Article tenth of admissibility, the provincial administration for industry and commerce shall be published on the major media in the province famous trademark notice of first instance.
    From the date of announcement of first instance in the 30th, any entity or individual can raise objections. Application materials should be the 11th provincial industrial and commercial administration sector authenticity, review and verify the legality and submit 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.
    Relevant departments in charge of industry, industry associations, consumer protection organizations shall provide written comments to the provincial administration for industry and commerce. 12th provincial administration for industry and commerce organizations to establish famous brand cognizance Committee. Committee consisting of not less than 30 of them economic, legal, technological and industry experts, and submitted to the provincial people's Government for the record.
    Identification Committee chaired by the provincial industrial and commercial administration departments mainly responsible.
    13th finds famous trademarks, by the provincial administration for industry and commerce under the trademarks referred to the categories of goods and property, determines more than 17 people from the Certification Committee composed of well-known trademark group.
    Identified group should be based on the famous trade mark application materials, provincial administration for industry and Commerce of audit opinions and other views, objective, impartial review and recognition.
    14th as a famous trademark should be found that the Group's members vote by secret ballot, and was passed by the two-thirds more than most.
    Identified members of the Group shall not delegate others to review or vote.
    15th found the Committee of its membership and joined a well-known trademark, identified by other staff has an interest or any other relationship with the applicant, may affect the impartiality of review, found, should be avoided.
    Applicant or an interested person thinks that the Committee members as well as other personnel involved in the famous trademark assessment, determination should be avoided, in writing or orally presented to the provincial administration for industry and commerce.
    Determined members of the Committee, as well as to participate in the famous trademark, avoidance of work to identify the other personnel, mainly responsible for the decision by the provincial industrial and commercial administration departments.
    16th recognized famous trademarks, famous trademark certificate issued by the provincial administration for industry and commerce, and announcements on the major media in the province; not recognized by, and shall notify the applicant in writing.
    Well-known trademark referred to item as a known commodity.
    17th famous trademark owners and users must use famous trademarks on products approved according to law, are not allowed to expand the scope of use.
    Famous trademark owners and users should ensure the quality of famous brand products.
    18th famous trademark is valid for 3 years, calculated from the date of the announcement. Before the expiration of 3 months, the famous trademark owners may make a request for renewal to the provincial administration for industry and commerce. Meet the conditions specified in article sixth of this approach, the provincial administration for industry and commerce shall be confirmed and announced.
    Each renewal is valid for 3 years.
    19th the famous proprietor of the Registrant name, address or other registered matters concerning the law, or to authorize others to use famous trademarks, shall change registration or famous trademark licensing contract signed within 30th of the provincial industry and commerce administration departments for the record. Permitted by the law, using famous trademarks of others, the famous brand goods must be marked on the licensee's name and the origin of goods.
    Famous trademark owner shall supervise the licensee uses the quality of famous brand products.
    Article 20th date of the announcement, famous trademark owners, who can be used in its approved use of the goods and their packaging, decoration, brochures, business communications, advertising, exhibitions and other business activities using "famous trademark of Shandong Province".
    Not legally ascertained or without permission from the owners of famous trademarks in accordance with, others may not use "famous trademark of Shandong Province".
    21st article in famous trademark by refers to commodity of similar commodity in the, others shall not implementation following behavior: (a) will and famous trademark same or approximate of text, and graphics, and letters, and digital, and three dimensional logo and color combination, 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; (ii) using famous trademark by refers to commodity unique of or with approximate of name, and packaging, and decoration, and may caused related public errors recognize of.
    22nd article in and famous trademark by refers to commodity not same or not similar like commodity Shang, will and famous trademark same or similar like text, and graphics, and letters, and digital, and three dimensional logo and color combination 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, famous trademark all, and using people can requests business administration sector be stop. 23rd others with famous trademarks identical with or similar to the text to be used as a corporate name, font size, and possibly damaging the interests of famous trademarks, industrial and commercial administration departments is not registered.
    However, the registration of Enterprise name, font size, except for the first. 24th in the province suffered outside the administrative area of infringement, the famous trademark owners, users can request help from the provincial administration for industry and commerce.
    Provincial industrial and commercial administration departments should help solve. 25th famous trademark owners can legally transfer the trademark.
    After the assignee under the law to make the trademark, need to continue to use as a famous trademark, according to the provisions of these measures shall be applied for determination.
    26th article has following case one of of, by province business administration sector revoked its famous trademark and be announcement: (a) to provides false file, and material, cheat means made famous trademark of; (ii) in famous trademark of validity within, the famous trademark by refers to commodity of quality and after-sales service poor, or its production, and sales, and tax amount, and market share, main economic index serious declined of; (three) unauthorized beyond by approved of using range, ordered its deadline corrected and refused to corrected of; (D) fails to apply for renewal, or apply for renewal after the review does not comply with the conditions specified in article sixth (v) with other serious breach of trademark regulations.

    Famous trademark owner, using the preceding paragraph (a), since revoked within 3 years from the date of the announcement, the provincial administration for industry and commerce shall not accept again finds applications.
    27th provincial industrial and commercial administration sector review, identifying famous trademarks, except for charge review fees, advertising fees as required, shall not be charged to the applicant or charge any fees in a disguised form.
    Specific criteria for appraisal fees, advertising fees and prices, by province, in conjunction with the financial sector. 28th article violation this approach, has following behavior one of of, by province business administration sector according to following provides give punishment: (a) famous trademark all since change registration or signed famous trademark using license contract Hou not by provides record of, give warning, ordered deadline corrected; late still not corrected of, and at 1000 Yuan following of fine; (ii) without law finds or without famous trademark all law license, unauthorized using "Shandong province famous trademark" words of, ordered corrected, collection its trademark identifies
    , And according to plot weight sentenced 5000 Yuan above 20,000 yuan following of fine; (three) famous trademark all or using people unauthorized expanded famous trademark by refers to commodity of approved using range of, ordered corrected, and according to plot weight sentenced 10,000 yuan above 30,000 yuan following of fine; (four) to provides false file, and material, cheat means made famous trademark of, collection illegal making of commodity manual, and packaging, and decoration,, and according to plot weight sentenced 1000 Yuan above 10,000 yuan following of fine.
    29th article in violation of these regulations, violations of the famous proprietor of trademark rights, or in the process of using a famous trademark logos do not meet the requirements or their shoddy, shoddy, deceiving consumers, industrial and commercial administration departments at or above the county level or other relevant departments according to 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.
    30th article business administration sector and staff has following case one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) violation statutory program organization review, and finds famous trademark of; (ii) not law perform protection famous trademark duties of; (three) illegal to applicants charged costs of; (four) other abuse, and engages in behavior and caused serious consequences of.
    31st famous trademarks recognized members of the famous trademark assessment and identification fraud, malpractice in the process, resulting in serious misrepresentation of the famous trademark determination results, by the provincial administration for industry and Commerce revoked his membership, and by their work units or organs shall be given administrative sanctions.
    Article 32nd specifically identified standards and Certification Committee members of the famous trademark in eligibility, tenure and identification of specific procedures, rules, and so on, by the provincial administration for industry and commerce, in conjunction with the departments concerned, submitted to the provincial people's Government announced after the execution.
    Provisions on trademarks of the 33rd article this way, apply to service marks, certification marks and collective marks.
                                                                                                                        34th article of the rules as of April 1, 2006.

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