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Determination And Protection Of Famous Trademarks In Jilin Province Approaches

Original Language Title: 吉林省著名商标认定和保护办法

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(Prelease No. 149 of the People's Government Order No. 149 of 19 September 2003)

In order to strengthen the management of prominent trademarks in Ghlin Province, to protect the legitimate rights and interests of all prominent trademarks in Ghlin Province, to raise the profile of commodities, to guide business disputes and to develop this approach in line with the relevant provisions of the Trademark Act of the People's Republic of China, the Trademarks Act of the People's Republic of China.
Article 2 refers to the known trademarks in Glinhrid Province to the high credibility on the market and to the public concerned, and to the registration of trademarks in my province, as determined by the provincial business administration.
Article 3. Identification and protection of prominent trademarks in the territorial administration.
The provisions of this approach relating to commodity trademarks apply to servicemarks.
Article IV recognizes the voluntary application and the principles of equity, justice and openness, as well as the designation of prominent trademarks in Glin.
Article 5 Governments at all levels should encourage natural, legal or other organizations to improve the quality of commodities, preserve the credibility of trademarks and create prominent trademarks.
Article 6. The Ministry of Business Administration is responsible for the identification, protection and supervision of prominent trademarks in Glin Province.
The municipal, district and business administration sector is responsible for the recommendation, protection and supervision of well-known trademarks within the Territory.
Article 7. The application for the identification of the famous trademarks in Glin shall be in accordance with the following conditions:
(i) The place of residence of a trademark registered person in the province for a domestic registration trademark;
(ii) Three years of continuous use from the date of approval of registration;
(iii) The trademark commodities are in accordance with national industrial policies, with high credibility in terms of quality and post-shipment services in the same category as in the province;
(iv) The main economic indicators, such as production, sales, profitability, market ownership, have been leading in the same industry in the province for almost three years;
(v) A higher degree of awareness among the public in the province;
(vi) The registered person has strict trademarks, management systems and protection measures.
Article 8. The trademark registry considers its registration trademark to be in accordance with the conditions set out in Article 7 of this scheme, and may make the application for recognition to the provincial and commercial administration through the municipal or district (market) business administration departments at their location, or directly to the provincial business administration.
Article 9. Applications for the identification of prominent trademarks in the Glin Province should be filled with the designation of the application form by the prominent trademarks in the Glin Province and provide the material in accordance with the conditions set out in Article 7 of this scheme. The material must be authentic and stated.
Article 10 (c) Business administrations should be reviewed within seven working days from the date of receipt of the request and, after the signing of the opinion, the request will be made to the State's business administration.
The city's business administration sector should be reviewed within seven working days from the date of receipt of the request and, after the signing of the observations, the request will be made to the provincial business administration.
The application is incomplete and needs to be delivered, and the business administration should inform the applicant to be added to the designated content.
Article 11, after receipt of the request by the provincial and industrial administration, shall investigate, validate and consult with the relevant departments, industry organizations and social groups on the basis of the conditions set out in article 7 of this approach, make determinations or decisions that are not determined within three months, with special circumstances that may be extended for a maximum period not exceeding one month.
Article 12 shall be determined to meet the well-known terms of trademarks in the province of Glin, which shall be issued and made public by the provincial and commercial administration, to the Gulin province's famous trademark certificate, and to inform the applicant in writing of the reasons.
Article 13 does not claim that the trademark is a well-known trademark in the province of Glin without the identification or approval by the provincial and commercial administration.
Article 14.
All prominent trademarks in Glin Province will need to continue to be determined and should be re-applying to the original determination process three months before the end of the period.
Article 15. All prominent trademarks in Glin Province apply for identifying trademarks that are contrary to the mark, and the business administration in the province should provide information and related services without compensation.
Article 16 may be used by all prominent trademarks in Glinin Province in the form and mark of the “Greenmarked trademarks” in their approved commodities and commodities packagings, bricks, trade instruments or advertising, exhibitions and other operational activities.
Article 17, after the designation of the prominent trademarks in the Ghlin Province, its trademark-marked rights are protected within the scope of the province:
(i) The use or registration of the same or concurrent language as the name of the enterprise may give rise to public misconceptions, as follows:
The name of the enterprise shall apply for registration after the designation of a prominent trademark, and the business administration at all levels shall not approve registration; the registered owner may apply to the business administration to withdraw the enterprise name. However, the trademark has other meaning or other conditions under the law and regulations.
The name of the enterprise is to be registered during the notice of registration to be found as a prominent trademark, and the owner of the famous trademark may apply to the business administration to withdraw the enterprise name.
The name of the enterprise is registered prior to the approval of registration by the well-known trademark owner may request the provincial and industrial administration to mediate changes in the name of the enterprise.
(ii) The use by other persons of the same or similar language as well-known trademarks may imply that the commodity is connected to the owner of the well-known trademark and may cause damage to the legitimate rights and interests of the owner of the well-known trademark, and that the owner of the owner may request that the business administration be treated in accordance with the law.
(iii) The main part of the domain name or domain name constituted reproduction, replication, replication, translation, which might imply that the registered owner of the domain had a link between the owner and the owner of the famous trademark, which could compromise the interests of the owner of the well-known trademark or might be unreasonably exploited or diminished the prominent trademark, and that the owner could request the cancellation of the People's Court.
(iv) No unit or individual shall be in any way debate and distract from the famous trademark.
(v) Other protection measures provided for in laws, regulations and regulations.
Article 18
(i) The famous trademarks and labels in Glin Province can only be used in the commodities approved when they are identified as prominent trademarks in Glin Province, and cannot be expanded;
(ii) Internal management and protection measures should be strengthened to improve the quality of commodities or services and to preserve the credibility of prominent trademarks;
(iii) In the case of the prominent trademarks in Glin Province to license others to use their prominent trademarks in Glin Province, the licence process shall be governed by the law and the deposit of the provincial business administration;
(iv) Changes in the name, address and other registration matters for prominent trademark owners in Glin Province should be reported to the provincial business administration within 30 days of the approval of changes;
(v) The famous trademarks and marks in Glini province shall not be used by borrowing, renting to others;
(vi) Other obligations under laws, regulations and regulations.
Article 19 is one of the well-known trademarks in the Ghlin province, and the business administration should be punished by law and the provincial and business administration should revoke the well-known trademarks and make public notices available to the identified Ghlin province:
(i) Access to the identification of prominent trademarks in Glin Province by means of deceiving material such as false proof;
(ii) Its products are devastated in order to deceive consumers;
(iii) Violations of the exclusive right of registrationers;
(iv) Other violations of laws, regulations, regulations and regulations seriously affect the reputation of prominent trademarks in Glin Province.
In the case of the former paragraph, any unit or individual may submit proposals for the withdrawal of the prominent trademark to the provincial business administration.
Article 20, which violates the right of prominent trademarks in Glin Province, should end violations by law at all levels of business administration and impose a fine of more than three times the amount of illegal operations; unlawful operating amounts could be fined by more than 100,000 dollars at the time when they are not calculated; and criminal liability is lawful.
Article 21, in violation of article 17, paragraph 4, of this scheme, should be responsible for the cessation of the violation by the business administration and for fines of up to €50 million, and for the operation, punishable by €50 million.
Article 2 does not determine by the provincial and industrial administration that a trademark is known as a prominent trademark in Glin Province or violates the provisions of article 18, paragraphs 1 and 5, of this approach, or that the distributor shall use a mark close to the famous trademarks in Glin Province, resulting in a confusion with the well-known trademarks of others, making the purchaser erroneous perception that the purchaser is the product of the well-known trademark in the province of Glin, and that the business administration shall be responsible for the cessation of the offence and the imposition of fines of more than €000.
Article 23 does not correspond to the specific administrative actions of the business administration in accordance with this approach by the parties, which may apply for administrative review under the law or administrative proceedings.
Article 24 Staff in the business administration sector and other persons associated with the abuse of authority, provocative fraud and administrative disposition by law, which constitutes a crime, are criminally criminalized by law.
Article 25