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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(August 22, 2003 6th meeting consideration of the people's Government of Jilin province on September 19, 2003, Jilin provincial people's Government, the 149th published) first in order to strengthen the management of Jilin province famous trademark, protect the legitimate rights and interests of Jilin province all, raise awareness, guide enterprises to create well-known trademarks, according to the People's Republic of China trademark rights, the People's Republic of China relevant provisions of the regulations for the implementation of the trademark law, combined with the facts of the province, these measures are formulated.
    Second Jilin province is mentioned in these measures refers to enjoy high reputation in the market and well known by the relevant public, identified by the provincial administration for industry and commerce in accordance with these measures the province registered trademarks.
    Article within the administrative region of this province famous trademark identification and protection procedures apply.
    These measures relating to commodity trademarks shall, apply to service marks.
    Article fourth of Jilin province held to voluntary application and principles of fairness, impartiality and openness.
    V people's Governments at various levels shall encourage the natural persons, legal persons or other organizations, improve their quality, maintaining trademark reputation, founded a famous trademark.
    Article sixth Jilin province of provincial industrial and commercial administration departments are responsible for identification, protection and supervision of the work.
    City, State, County (City) Administration for industry and commerce is responsible for the famous trademarks within their respective jurisdictions recommend, protection and supervision and management.
    Seventh article application finds Jilin province famous trademark should meet following conditions: (a) for domestic registered trademark, trademark registered people residence to in this province territory; (ii) since approved registered of day up continuous using has full 3 years; (three) the trademark commodity meet national industry policy, in province within similar with document commodity in the quality and after-sales service excellent, and stable, has high reputation; (four) the trademark commodity near 3 years to of production, and sales, and profit, and market share, main economic index in province within industry in the leading;
    (E) have a high awareness of the public in the province; (vi) registrant has a strict system of trademark use, management and conservation measures.
    Article eighth trademark registration people think its registered trademark in accordance with the article seventh criteria listed, through its local municipal or County (City) Administration for industry and commerce to the provincial administration for industry and Commerce Department finds that the application, or directly to the provincial industrial and commercial administration sector finds that the application. Nineth applications found in Jilin province famous trademark, Jilin province famous trademark should fill out the application form and in accordance with the conditions laid down in article seventh provides relevant documents.
    Evidence must be reliable, and attribution.
    Article tenth of County (City) Administration for industry and commerce shall, within 7 working days from the date of receipt of application materials review and signing application submit to the city after the State administration of industry and commerce.
    Municipal administration for industry and commerce shall, within 7 working days from the date of receipt of application materials review and signing application materials submitted after the provincial administration for industry and commerce.
    Application materials are complete, you need to pay, administration for industry and commerce shall be notified to the applicant by the specified content replacement.
    11th province administration of industry and Commerce after receiving the application materials shall be conducted in accordance with the conditions set out in article seventh survey, demonstrating, and seek the advice of relevant departments, industries, organizations and social groups, identified or not identified decisions taken within 3 months, special circumstances may be postponed, but the extension period shall not exceed 1 month.
    Jilin province condition meets the 12th article, should be identified by provincial administration for industry and Commerce Department of the Jilin province certificate, and make an announcement; not that does not meet the criteria identified, notify the applicant in writing and state the reasons.
    Article 13th without provincial industrial and commercial administration departments or audited is not identified, Jilin province famous trademark, shall not be referred to the trademark as Jilin province famous trademark.
    Article 14th, Jilin province is valid for 3 years.
    Jilin province famous trademark owners need to determination, shall, before the expiration of 3 months in accordance with identified program re-apply for the confirmation.
    15th in Jilin province famous trademark owners to apply for determination of well-known trademarks, the provincial administration for industry and commerce shall be free to provide relevant information and related services.
    Jilin province all 16th section can be used in its approved product and packaging, decoration, brochures, trade documents or advertising, exhibitions and other business activities using the "Jilin province famous trademark" and marks. 17th article Jilin province famous trademark finds Hou, its trademark dedicated right in this province range within by following protection: (a) others will and famous trademark same or similar of text as Enterprise name application registration using or has registration using, may caused public errors recognize of, by following situation processing: 1. Enterprise name in famous trademark finds Hou application registration using of, levels business administration sector not approved registration; has approved registration of, famous trademark all can to business administration sector application revoked the Enterprise name.
    But the mark has other meanings, or except in other cases stipulated by laws and regulations.
    2. the business name registration of famous trademarks register used to be recognized as well-known trademarks, famous trademark owners can apply to the industrial and commercial administration departments revoked the registration of enterprise names.
    3. Enterprise name used in famous trademarks registered before the registration is approved, the famous proprietor may request the provincial administration for industry and commerce on the corporate name change to mediation.
    (B) with famous trademarks of others the same or similar text used for non-similar goods names, packaging, decoration, might suggest that there is a connection with the famous trademark owners of the goods, and may cause damage to the legal rights of owners of famous trademarks, the famous trademark owner can request the administration of industry and commerce in accordance with law.
    (C) the domain name or a domain name constitutes the main part of the famous trademark of reproduction, imitation, translation, may suggest that the domain name registrant and famous trademarks there is a connection between all of us, the expense of the interests of owners of famous trademarks, or improper use or weaken the distinctiveness of well-known trademarks, the famous proprietor may request the people's Court to cancel.
    (D) no unit or individual shall not in any way defacing, belittling the famous trademark.
    (E) the laws, rules, regulations and other protection measures. 18th article Jilin province famous trademark all and using people should perform following obligations: (a) Jilin province famous trademark words and mark only using in was finds for Jilin province famous trademark Shi by approved of commodity Shang, shall not expanded range; (ii) should strengthening internal management and protection measures, improve commodity or service quality, maintenance famous trademark of reputation; (three) Jilin province famous trademark all license others using its Jilin province famous trademark Shi, should law handle license using procedures,
    And while submitted province business administration sector filed by; (four) Jilin province famous trademark all change registered people name, and address and the other registered matters of, should in approved change of day up 30th within will change matters submitted province business administration sector record; (five) Jilin province famous trademark words and mark, shall not lending, and rental to others using; (six) legal, and regulations, and regulations provides of other obligations. 19th article Jilin province famous trademark all has following case one of of, business administration sector should law punishment, province business administration sector should revoked has was finds of Jilin province famous trademark and be announcement: (a) to provides false proved material, cheat means gets finds Jilin province famous trademark of; (ii) its products shoddy, shoddy, cheat consumers of; (three) violations others registered trademark dedicated right of; (four) other violation legal, and regulations, and regulations of behavior,
    Jilin province severely affected the reputation of their trademarks.
    The acts listed in the preceding paragraph, no unit or individual may appeal to the provincial administration for industry and commerce the proposed removal of the famous brand.
    Article 20th Jilin province famous trademark violations, all levels of industrial and commercial administrative departments shall stop the infringing act and impose illegal more than twice times the amount fined a maximum of 3 times; illegal operation when the amount cannot be calculated, can be fined a maximum of 50,000 yuan and 100,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 21st in violation of the provisions of article 17th fourth, industrial and commercial administrative departments shall be ordered to desist from the illegal act, and a fine of 500 Yuan more than 1000 Yuan fine; management behavior, punishable by 2000 more than 5000 Yuan fine. 22nd article without province business administration sector finds, pretends trademark for Jilin province famous trademark or violation this approach 18th article first items and fifth items provides of, and or distribution who in its distribution of commodity Shang using and Jilin province famous trademark mark approximate of mark, caused and others of Jilin province famous trademark of commodity phase confusion, makes purchase who errors think is the Jilin province famous trademark commodity of, behavior to business administration sector should ordered its stop violations, no illegal proceeds of,
    Can be fined a maximum of up to 5000 Yuan and 10,000 Yuan; has illegally obtained, can be fined a maximum of up to 5000 Yuan and 30,000 yuan.
    Article 23rd on the industrial and commercial administrative departments in accordance with specific administrative acts this way, may apply for administrative reconsideration or bring an administrative suit.
    24th industrial and commercial Administrative Department staff and others involved in recognition and protection in Jilin province work, abuse of power, favoritism, and shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                                                25th article this way come into force on November 1, 2003.

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