Determination and protection of famous trademarks in Qinghai province approaches
(January 4, 2012 95th meeting consideration of the people's Government of Qinghai province with Qinghai provincial people's Government to the 88th release since January 12, 2012 as of March 1, 2012) Chapter I General provisions
First to standardize the identification, protection and management of famous trademarks, promote economic development, according to the People's Republic of China trademark rights, the People's Republic of China implementing regulations of the 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 the province enjoys a high reputation within the administrative area for the relevant public, and registered trademark pursuant to these measures be identified.
Public referred to in the preceding paragraph refers to trademarks identified certain types of goods or services relating to the consumer and the preceding product or service marketing has close ties to other operators. Third provincial famous trademark determination bodies established, is responsible for the provincial famous trademark assessment determination.
Industrial and commercial administrative departments in charge of the famous trade mark accept, review, recommend, protection and management.
Of quality and technical supervision, business, economy, science and technology, environmental protection, taxation, inspection and quarantine, customs and other relevant departments to assist industrial and commercial administrative departments in famous brand identification, protection and management.
Relevant industry associations, consumer protection organizations shall cooperate with the industrial and commercial administrative departments in famous trademark identification and protection.
Fourth people's Governments above the county level should encourage the owner of a registered trademark to raise brand awareness, creating famous trademark, giving awards to outstanding units or individuals.
Chapter II application finds
Fifth application for famous trademarks, shall comply with the following conditions:
(A) the applicant is an owner of a registered trademark, the trademark for use for more than two years;
(B) the trademark owner domiciled or trademarks referred to within the administrative area of the main origin of goods in the province;
(C) use of the trade mark goods in good quality product of its kind in the province, with high visibility and good reputation in the relevant public;
(D) use the product of nearly two years of key economic indicators in the leading position in the industry in the province;
(E) the duration of any publicity of that trademark, extent and geographic scope.
Sixth application finds famous trademarks shall be made to the State (or municipal) industrial and commercial administrative departments or branch directly under the provincial industrial and commercial administration departments to submit the following materials:
(A) the determination of well-known trademark applications;
(B) the trademark registration certificate and change documents and photocopies;
(C) from the filing date of the previous two years, use of the trade mark of commodity production, sales, sales, sales and market share data;
(D) from the first two years of the date of filing, product advertising and promotion of the use of the trade mark, geographical scope, the types of media and advertising content and other related materials;
(E) the commodity quality documentation issued by the relevant departments or organizations;
(F) from the first two years of the date of filing, goods protected using the trademark records;
(VII) that the brand awareness of other materials.
The applicant should be responsible for the authenticity of the submitted materials.
The seventh State (or municipal) industrial and commercial administrative departments or branch directly under the provincial industrial and commercial administration departments from the date of acceptance of the application in the 20th for approval, materials available and submitted to the provincial administration for industry and commerce. Considers the application materials need to be corrected by the industrial and commercial administration, and shall notify the applicant in writing within corrections.
Applicant fails to rectify without good reason, as a waiver application. The article disagrees with the opinion of the applicant, from the date of receipt of an audit opinion to the provincial administration for industry and commerce in the 15th contested application. Provincial administration for industry and commerce in accepting an application for objection within 10th of review decisions.
The objection is established, by the provincial administration for industry and Commerce handled directly; opposition not established, shall state the reasons in writing. Nineth provincial industrial and commercial administration departments should be on the application of authenticity and legality of review, submit a written review. During the period under review, should be written in consultation with interested parties, relevant enterprises, trade associations and consumer protection organizations.
May, when necessary for investigation.
Tenth provincial industrial and commercial administration sector reviews to meet the conditions of this approach, to be recommended as a famous trademark, should publish reviews on the media publicity, publicity for 20th. Public notice period, interested parties or objections of the public, the provincial administration for industry and commerce shall be to investigate the objections. Opposition is not established or public notice expires without objection, recommended to the provincial famous trademark agency review.
The objection is established, shall not recommend the review.
11th review famous trademarks by province famous trademark determination bodies to hold review meeting, a vote by secret ballot, access to more than two-thirds votes of all the members, recognized as well-known trademarks.
Has not been recognized as well-known trademarks, the provincial administration for industry and commerce shall advise the applicant in writing and state the reasons.
12th recognized as well-known trademarks, issued by the provincial people's Government of the Qinghai province certificate, and announced to the public on the news media.
13th at the prestigious trademark review and adjudication officers and other staff and applicants have a stake in or applying for a trademark, may affect the impartiality of the review should be avoided.
14th famous trademark assessment finds that shall not levy or charge any fee in a disguised form.
Chapter III protection and management
15th people's Government above the county level and their departments should have a famous trademark enterprise in scientific research projects, technological innovation, product launches and so on to support it.
Encourages State bodies, enterprises, institutions and other organizations to give priority to purchasing to obtain "Qinghai province famous brand" goods.
16th people's Governments above the county level shall arrange special funds to support enterprises owned trademark strategy, foster and develop famous brand.
Encourage enterprises to develop their trademark pledge.
17th famous trademark owners or users have the right to, in its approved use of the registered trademark goods and packaging, decoration, brochures, advertising, exhibitions and other business activities using "famous brand of Qinghai province" Word or logo.
Any unit and individual shall forge, alter, copy, lend, lease, sell others ' famous trademark certificate, plaque or other famous trademark certificate.
18th others apply with famous trademarks identical with or similar to the text to be used as a corporate name, or size, may lead to misidentification of the public, industrial and commercial administrative department not to approve registration, except as otherwise provided by laws and regulations.
19th famous trademark owner licenses another person to use its trademarks in accordance with law, shall within 3 months from the date of license contract to license a copy of the contract delivery location administration of industry and Commerce and the provincial industrial and commercial administration departments for the record.
Famous trademark of licensed users may authorize other persons to use the same famous trademark without authorization.
20th famous trademark owners the Registrant name, address or other registered matters, should be approved since the registration date of the 30th to the provincial administration for industry and commerce within the record.
Article 21st of the following circumstances, you may not use the "Qinghai province famous trademark" Word or logo.
(A) has not been recognized as well-known trademarks;
(B) without permission from the owners of famous trademarks;
(C) the famous trademark cancellation or revocation, cancellation of a registered trademark.
22nd famous trademark right shall not be any of the following acts:
(A) providing false documents and materials to defraud famous trademark;
(B) beyond the approved scope without authorization;
(C) the use of famous brand reputation, shoddy, shoddy, with impurities, damage the legal rights of the consumer;
(D) other violations of the provisions of the use and administration of famous trademarks. 23rd famous brand of industrial and commercial administration departments at all levels shall strengthen the protection and management of complaints in a timely manner to report, investigate and deal with violations of the famous trademark violations.
Outside the province famous trademark infringement, industrial and commercial administrative departments will be expected to help trademark owners or occupiers.
Famous trademark of Administration for industry and commerce shall establish a sound file and directory management system, guidance or famous trademark owners who improve the self-protection measures.
Famous trademark of provincial administration for industry and commerce shall establish a dynamic monitoring mechanism of famous trademarks to be reviewed once every two years, and do not conform to the provisions of article fifth, can be brought to the province identified bodies to revoke its famous trademark.
The fourth chapter legal liability
24th in violation of these regulations, provisions of laws and regulations have legal liability from its provisions.
25th article violates this article 17th paragraph, violations of the right to exclusive use of registered trademarks, industrial and commercial administrative authority shall order rectification, to stop the infringing act, confiscate and destroy the infringing goods and designed to manufacture the infringing goods, counterfeit registered trademarks, and in accordance with the People's Republic of China implementing regulations of the trademark law shall be punished.
26th article violates these measures stipulated in the 19th and 20th, the industrial and commercial administrative authority shall order correction within; it fails to be given a warning.
The 27th article violates this article approaches the 21st, unauthorized use of "Qinghai province famous trademark" or identity, known as false propaganda the trademark, in accordance with the People's Republic of China advertisement law will be punished.
28th article violates this article 22nd subparagraph (a) provided by provincial administration for industry and Commerce brought to the province identified bodies to revoke its famous trademark. Violation of this article 22nd (b), (c) provision, the provincial administration for industry and commerce shall order correction within, it fails, by the provincial administration for industry and Commerce brought to the province identified bodies to revoke its famous trademark.
And in accordance with the People's Republic of China trademark rights, the People's Republic of China implementing regulations of the trademark law shall be punished.
Revocation of famous trademarks, issued by the provincial administration for industry and Commerce revoked bulletin, all of two years from the date of revocation of the trademark shall not be asked again finds that the application of the well-known trademark.
29th industrial and commercial administrative departments in famous trademarks receive, audit, protection and management of abuse of power, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
The fifth chapter supplementary articles
30th article this way the provisions on trademarks, service marks, certification marks, collective trademarks. 31st article this way come into force on March 1, 2012.