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Determination And Protection Of Famous Trademarks In Qinghai Province Approaches

Original Language Title: 青海省著名商标认定和保护办法

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Identification and protection of well-known trademarks in Blue Heavy Province

(Adopted by Decree No. 88 of 12 January 2012 of the People's Government of the Blue Heavy Province on 1 March 2012)

Chapter I General

Article 1 promotes economic development by regulating the identification, protection and management of well-known trademarks, in accordance with the relevant laws, regulations, such as the Trademarks Act of the People's Republic of China, the Law on Trademarks of the People's Republic of China, and the Act on Implementation of the Trademarks of the People's Republic of China.

Article 2 refers to the well-known trademark referred to in the administrative region of the province, with a high reputation, to the public concerned and to the registered trademarks determined under this approach.

The relevant public referred to in the previous paragraph refers to consumers and other operators that are closely connected with the trademark marking of a category of commodities or services.

Article 3 has been established by the Government of the province, with the responsibility for the evaluation of the well-known trademarks throughout the province. The business administration sector is specifically responsible for the admissibility, clearance, recommendations, protection and management of prominent trademarks.

Relevant sectors such as quality, commerce, economy, science and technology, environmental protection, tax, testing, quarantine and customs assist the business administration in identifying, protecting and managing prominent trademarks.

The relevant industry associations, consumer rights protection organizations should cooperate with the identification and protection of well-known trademarks in the business administration sector.

Article IV. Governments of more people at the district level should encourage all registered trademarks to increase the visibility of trademarks, to create well-known trademarks and to grant incentives to the successful units or individuals.

Chapter II

Article 5 shall apply for a famous trademark and shall be in accordance with the following conditions:

(i) The applicant is a registered owner who uses the trademark for more than two years;

(ii) The main place of goods designated by the trademark owner's place of residence or by trademarks within the territorial administration;

(iii) The quality and good reputation of commodities using the trademark in this province for the same commodities;

(iv) The main economic indicators that use the trademark for almost two years are leading in the same sector in this province;

(v) The duration, extent and geographical scope of any advocacy work on the trademark.

Article 6 shall apply for the identification of well-known trademarks and shall submit the following material to the locational State (land, city) and the business administration sector in the province:

(i) Determination of an application for a prominent trademark;

(ii) Accreditation of trademarks and their changes, such as material and photocopy;

(iii) For the first two years of the date of application, information on the production, sale, sale, regional and market ownership of the trademark;

(iv) For the first two years of the date of application, the manner in which the trademark is used for advertising and promoting marketing activities, the geographical scope, the type of publicity media and the advertising of materials, such as the volume of the award;

(v) Quality certificates of commodities from the relevant sectors or organizations;

(vi) A record of the protection of commodities using the trademark from two years before the date of application;

(vii) Other material that demonstrates the knowledge of the trademark.

The applicant shall be responsible for the authenticity of the submissions.

Article 7. The State (territory, municipal) and the Ministry of Industry and Industry Administration are subject to review within 20 days of the date of receipt of the request, which is presented to the Ministry of Business Administration.

The business administration considers that the request for material needs to be filled and that the applicant's deadline for completion should be communicated in writing. The applicant shall not be considered to have waived the application without justification.

Article 8. The applicant objected to the review and, within 15 days of the date of receipt of the review, applied to the provincial business administration. The provincial business administration took a review decision within 10 days of the date of receipt of the objection. The objection was established directly by the Ministry of Business Administration; the objection was not established and the reasons should be given in writing.

Article 9. The provincial and industrial administration should review the authenticity and legitimacy of the application and provide written review. During the review, the views of the relevant sectors, relevant businesses, industry associations and consumer rights protection organizations should be sought in writing. An investigation may be conducted if necessary.

Article 10. The provincial and business administration sector review is considered to be in line with this approach and is proposed to recommend a well-known trademark, which should be published in the media for a period of 20 days.

During the public statements, the stakeholder or the social public objected and the provincial business administration should investigate the objections. The objection was not established or expired, and the evaluation was recommended to the identifier of the renowned trademark. The objection was established without a recommendation for evaluation.

Article 11. The evaluation of the famous trademark was held by the renowned trademark body of the province to vote in a secret ballot and to obtain more than two thirds of the votes of all members, identifying as a prominent trademark.

Unidentified as a prominent trademark, the provincial business administration should inform the applicant in writing and explain the reasons.

Article 12, which is found to be a prominent trademark, has been issued by the Government of the Provincial People's Government by the award of the famous trademark certificate in the Blue Heavy Province and by the press.

Article 13 participates in an interesting relationship between the prominent trademark evaluation and other staff with the applicant or the applicant's application, which may affect fair evaluation and should be avoided.

Article 14. The evaluation of the famous trademark found that no fees should be charged or converted to the applicant.

Chapter III Protection and management

Article 15 Governments and their relevant sectors should support research project arrangements, technology adaptation, product promotion.

National agencies, entrepreneurship units and other organizations are encouraged to procure, as a matter of priority, the commodities “known trademarks” in Blue Heavy Province.

Article 16 Governments of more people at the district level should arrange specific funds to support corporate ownership of the implementation of the trademark strategy and to nurture and develop prominent trademarks.

Businessmarks are encouraged.

Article 17 Elects or users of prominent trademarks have the right to use in goods and packagings approved by their registered trademarks, babies, statements, advertisements, exhibitions and other operational activities the word “known trademarks” or marks in the Blue Heavy Province.

No unit or individual may be forged, modified, replicated, borrowed, rented, sold a well-known trademark certificate, branding or other well-known trademark documents.

Article 18 may give rise to misconceptions by the public, and the business administration does not approve registration, except for otherwise provided by law, legislation and regulations.

When the owner of the renowned trademark is authorized by law to use its trademarks, a copy of the licence contract shall be sent within three months of the date of the signing of the licence contract to the location's business administration and the provincial business administration.

The licensed prominent trademark licensor shall not authorize the other person to use the same prominent trademark.

Article 20 Changes in the name, address or other registration matters for all prominent trademarks should be made available to the provincial business administration within 30 days of the date of approval of the change registration.

Article 21, which is one of the following cases, shall not be used to use the word “known trademarks” or mark.

(i) No designation as a prominent trademark;

(ii) Unauthorized licenses of the owner of the mark;

(iii) A prominent trademark was cancelled or registered trademarks were cancelled and cancelled.

Article 22 shall not include the following acts:

(i) Provision of false documents, material deception of famous trademarks;

(ii) To go beyond the authorized scope;

(iii) The use of the reputation of the famous trademarks, the inexclusiveness and succumbency in order to make false and damaging the legitimate right of consumers;

(iv) Other violations of the regulations governing the use of prominent trademarks.

Article 23 should strengthen the protection and management of well-known trademarks at all levels, receive timely complaints reports and investigate violations of prominent trademarks. The well-known trademarks were infringed outside the province, and the business administration should help the owner or the user.

The business administration sector should establish a well-known commercial mark archives and catalogue management system that guides prominent trademark owners or users to improve self-protection measures.

The provincial business administration should establish a well-known businessmark dynamic monitoring mechanism, which conducts a review of the famous trademarks every two years, which is not in line with article 5 of this approach, may be brought to the identifier of the province to withdraw its famous trademarks.

Chapter IV Legal responsibility

Article 24 violates this approach, the law, legislation and regulations already provide for legal responsibility, which is provided for by them.

Article 25, paragraph 2, of the present approach violates the exclusive rights of registered trademarks, which are redirected by the business administration sector to end violations, confiscate, destroy infringers and instruments specialized in the manufacture of infringed commodities, forfeiture the mark of registered trademarks, and punishes them in accordance with the Regulations on the Application of Trademarks of the People's Republic of China.

Article 26, in violation of article 19 and article 20 of this approach, is changing by the business administration to the time limit, which is overdue and warnings.

Article 27, in violation of article 21 of this approach, uses the word “known trademarks” in Blue Heavy Province or the mark, to make false publicity, and to punish it in accordance with the People's Republic of China advertising law.

Article 28, in violation of article 22, paragraph (i), of this approach, draws from the provincial business administration to the renowned trademark identification body of the province to withdraw its famous trademarks.

In violation of article 22, subparagraph (b), subparagraph (iii), of this approach, the period of time being converted by the provincial business administration sector, which was later imprecise, was brought by the province's business administration to the renowned trademarks. They are also punished in accordance with the Trademarks Act of the People's Republic of China, the Trademark Law of the People's Republic of China.

The renunciated trademark was issued by the Ministry of Business Administration to issue a notice of withdrawal, and the owner of the trademark could not reproduce the application for the identification of a prominent trademark within two years from the date of the withdrawal.

Article 29 abuses by the business administration sector staff in prominent trademarks, clearance, protection and management efforts, omissions, provocative fraud, are governed by the law, and criminal responsibility is lawful.

Chapter V

The provisions of this approach on commodity trademarks apply to trademarks, proof of trade, collective trademarks.

Article 31