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Recognition And Protection Of Well-Known Trademarks Provisions

Original Language Title: 驰名商标认定和保护规定

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(April 17, 2003 of the State administration for industry and Commerce announced 5th) article in accordance with the People's Republic of China trademark law (hereinafter referred to as trademarks), the People's Republic of China implementing regulations of the trademark law (hereinafter referred to as the implementation regulations), these provisions are formulated.
    Provisions of this article refers to the well-known trademarks in China is widely known to the public and enjoys a high reputation of the trademark.
    Relevant public, including with the use of a trademark is marked by certain types of goods or services relating to the consumer, before production of the said goods or services of other operators and sellers involved in distribution channels and related personnel.
    Third article following material can as proved trademark famous of evidence material: (a) proved related public on the trademark knows degree of about material; (ii) proved the trademark using continued time of about material, including the trademark using, and registered of history and range of about material; (three) proved the trademark of any publicity work of continued time, and degree and geographic range of about material, including advertising publicity and promotions activities of way, and geographical range, and publicity media of type and advertising put volume, about material;
    (D) that the trade mark as a well-known trade mark protected recording related material, including the trademark in China or other countries and regions as a well-known trademark protected material (v) other evidence that is the trademark of well-known material, including the use of the trade mark of major commodities in the last three years of production, sales volume, sales revenue, profits and taxes, sales areas and other related materials.
    Fourth Party think he's a preliminary examination and notice of trademark violation of trademark law provisions of the 13th, according to the provisions of trademark law and its implementing regulations challenged the Trademark Office, and submit related materials to prove their trademark famous.
    13th trademarks registered party think he violated trademark law article, can be based on the provisions of trademark law and its implementing regulations request rescind the trademark from the trademark review and adjudication Board and submit related materials to prove their trademark famous. Article fifth worked in brand management, think that other used trademarks belong to the 13th article of the trademark law, for protection of well-known trademarks, can contribute to the case of the city (and State) prohibiting the use of a written request to the Administrative Department for industry and Commerce above and submit related materials to prove their trademark famous.
    Meanwhile, reported to the provincial administration for industry and commerce. Sixth article business administration sector in trademark management work in the received protection famous trademark of application Hou, should on case whether belongs to trademark law 13th article provides of following case for review: (a) others in same or similar commodity Shang unauthorized using and party not in China registered of famous trademark same or approximate of trademark, easy led to confusion of; (ii) others in not same or not similar of commodity Shang unauthorized using and party has in China registered of famous trademark same or approximate of trademark, easy misleading public
    , Resulting in the well-known trademark registrant's interests may be impaired. On think belongs to above case of case, city (to, and State) business administration sector should since accepted party requests of day up 15 a days within, will all case material submitted location province (autonomous regions, and municipalities) business administration sector, and to party issued accepted case notice; province (autonomous regions, and municipalities) business administration sector should since accepted party requests of day up 15 a days within, will all case material submitted trademark Council.
    Party provincial industrial and commercial administration sector considers that the case belonged to the situation, can also be submitted to the Trademark Office.
    For cases considered to be not above, should be based on the trademark laws and regulations for the implementation of the relevant provisions dealt with in a timely manner.
    Seventh provinces (autonomous regions and municipalities) industrial and commercial administrative departments should be on the market within their respective jurisdictions (State) submitted to the Administrative Department for industry and commerce on the protection of well-known trademark cases reviewed.
    Think belong to the first paragraph of this article sixth of cases, shall receive the area within the city (and State) of cases submitted to the Administrative Department for industry and commerce within 15 working days from the date of the material submitted to the Trademark Office.
    Not considered to belong to the first paragraph of this article sixth of cases and related materials should be returned to the original case, which according to the trademark laws and regulations for the implementation of the relevant provisions dealt with in a timely manner.
    Eighth case material before the Trademark Office shall, within six months from the date of determination and informed of the results of the cases occurred in the provinces (autonomous regions and municipalities) Administration for industry and commerce, and copy to the location of the parties in the province (autonomous regions and municipalities) Administration for industry and commerce.
    Certification mark in addition to the well-known material, other cases the Trademark Office shall be returned to the province in which the case occurred (autonomous regions and municipalities) Administration for industry and commerce.
    Nineth has not been recognized as well-known trademarks, within one year from the date of the findings, the parties may not in the same trade mark in respect of the same facts and reasons put forward again the plea.
    Tenth the trademark office or the trademark review and adjudication Board when the well-known trademarks, trademark law article 14th factors should be considered, but not the trademark which provides that all of the factors that must be met as a precondition.
    11th the trademark office or the trademark Review Commission as well as the local administration for industry and commerce on the protection of well-known trademarks, should take into account the degree of distinctiveness of the trade mark and the well-known.
    12th party request based on when the 13th article of the trademark law to protect its trademark, provided that the trademark had been the competent authority records be protected as a well-known trademark.
    Of the cases before and has been used as the scope of protection of well-known trademark protection case is basically the same, and the other party to the trademark the well-known no objections, or objections, but cannot provide evidence that the trademark is not a well-known material, case records of Administration for industry and Commerce according to the protection conclusions, ruling on the case or deal with.
    Of the cases before and has been used as the scope of protection of well-known trademark protection cases are different, or if the other party disagrees with the trademark famous, and provide evidence that the trademark is not a well-known material, should be by the trademark office or the trademark review and adjudication Board to review the materials of well-known trademarks and a determination is made.
    13th party believes to be its well-known trademark as an enterprise name registration, may be misleading to deceive the public or to the public, may apply to the Enterprise name registration authorities to revoke the registration of Enterprise name, Enterprise name registration authorities shall, in accordance with the provisions on the administration of Enterprise name registration.
    14th industrial and commercial administration departments at all levels should be on strengthening the protection of well-known trademarks, on the cases of suspected counterfeit trademark crime should be transferred to the relevant authorities in a timely manner.
    15th decision to protect well-known trademarks, provinces (autonomous regions and municipalities) should be reported to the Administrative Department for industry and Commerce Trademark Office.
    16th industrial and commercial administrative departments at all levels should establish appropriate monitoring mechanisms, development of appropriate supervisory measures, strengthen supervision and inspection of the whole process of well-known trademark.
    Relevant personnel involved in the well-known trademark, abuse of power, favoritism, seeking illegitimate interests, and handle matters related to the well-known trademark, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 17th these provisions come into force on June 1, 2003.
                                                                            On August 14, 1996, issued by the State administration for industry and the well-known trademark and management interim provisions repealed simultaneously.