Key Benefits:
(Summit No. 63 of 8 September 2007 of the People's Government of Southern West Province considered the adoption of the Decree No. 161 of 13 September 2007 of the People's Government Order No. 161 of 13 September 2007, effective 1 November 2007) Article 1 promotes economic development, in accordance with relevant laws, regulations, such as the Trademarks Act of the People's Republic of China, the Trademarks Act of the People's Republic of China, the application regulations of the People's Republic of China. Article 2 This approach refers to the well-known trademarks in the market, which are well known to the relevant public, and the registration trademarks determined in accordance with this approach. Article 3 is responsible for the identification and protection of well-known trademarks by the provincial and industrial administration; the establishment of the sector of business administration is responsible for the recommendations and protection of well-known trademarks; and the protection of well-known trademarks in the district (market, area) and business administration sector. Other relevant sectors, industry associations, consumer rights and protection organizations assist in the identification and protection of well-known trademarks in accordance with their respective responsibilities. Article IV found that the principles of voluntary applications and openness, equity and justice should be followed. Article 5 (i) The place of residence of the owner or of the commodities referred to in the trademark is within the territorial administration; (ii) The trademark shall be legitimate for three consecutive years before the application for the identification of a prominent trademark; (iii) The quality stability of the commodities referred to in the trademark for almost three years and the good reputation of the relevant public; (iv) The commodity sales area referred to in the trademark are broader, with major economic indicators such as sales, tax, market ownership, leading in the same province; (v) The trademark has strict use and management systems and protection measures. Article 6 shall apply for the identification of a prominent trademark and shall submit the following materials: (i) Applications; (ii) The applicant's relevant identification material; (iii) A certificate of registration of a trademark (the applicant is a trademark and is also required to submit a certificate of licence to the trademark); (iv) The sales of commodities referred to in the trademark for almost three years, the tax level, the main economic indicators, such as market ownership rates, and the related materials in the same sector in the province; (v) Relevant material for the use, management and protection of the trademark. Article 7. The industrial and industrial administration sector in the area shall, within 10 days from the date of receipt of the requested material, make recommendations or do not recommend observations, together with requests for information, to be sent to the provincial business administration. The provincial business administration should conduct a preliminary review in accordance with article 5, paragraph 6, of this approach and make a decision to receive or be inadmissible, within 20 days of the receipt of the request materials and the observations of the industrial and industrial administration sector. The applicant shall be informed in writing of the decision to be inadmissible and the request shall be returned to the applicant and written reasons. The request material needs to be added, and the provincial and business administration authorities should inform the applicant in a written manner that the deadline is being filled; the late failure to fill it is considered to have abandoned the application. Article 8. The provincial and business administration authorities determine the application for the well-known trademarks accepted, shall issue a preliminary review announcement in provincial media and seek the views of the relevant sectors, industry associations, consumer rights and protection organizations. No unit or individual can object from the date of publication of the preliminary review. The relevant sectors, industry associations, consumer rights protection organizations should make written observations to the provincial business administration. Article 9. The famous trademarks established by the provincial and commercial administration sector (hereinafter referred to as the Commission) are responsible for the identification of well-known trademarks, which should be attended by less than two thirds of the members of the Commission for each determination of the famous trademark. It was determined that the Commission's constituent approach and the specific identification criteria, procedures, rules and regulations, were developed by the relevant sectors of the business administration in the province and reported to the Government of the province. Article 10 determines that the Commission shall, in accordance with the conditions set out in article 5 of this approach, objective, fair judgement and evaluation of the trademark submitted. Article 11. Determines that the Commission shall vote by secret ballot and that the trademark adopted by more than two thirds of the votes of the members participating in the session shall be considered a prominent trademark. It was found to be a prominent trademark, which was sent by the provincial and commercial administration to the corresponding evidence and made public in provincial media. Unidentified as a prominent trademark, the provincial business administration should inform the applicant in writing and explain the reasons. Article 12. The period of effectiveness of the famous trademark is three years and is calculated from the date of the announcement. Three months prior to the expiration of the well-known trademarks, the owner and the user could submit a continuing application to the provincial business administration. In accordance with the conditions set out in article 5 of this approach, the provincial and industrial administrations should continue to identify and inform them. The valid period for each continuation is three years. The outstanding trademark was not applied for the continuation of the determination. Article 13, from the date of the publication of the famous trademarks, and in addition to the provisions of laws, regulations and regulations, all of them, users may use the word “known trademarks” in the terms of commodities, commodities packaging, babies, descriptions, business correspondence or advertising, exhibitions and other operational activities. No organization or individual may use the term “known trademark” without the legal licence of the owner of the owner. Article 14. In one of the following cases, the owner of the famous trademark shall process the relevant procedures in accordance with the provisions of the Trademarks Act of the People's Republic of China and the Trademarks Act of the People's Republic of China, and report on the provincial and commercial administration sector reserve: (i) Changes in the name and address of prominent trademark owner; (ii) Transfer of their famous trademarks by the owner; (iii) The owner of the well-known trademark shall license the other person to use its famous trademark. Article 15. The owner and the owner shall guarantee the quality of the commodities referred to in the famous trademark and preserve the reputation of the trademark. Article 16 does not carry out the following acts in the same or similar commodities of the commodities referred to in the famous trademarks: (i) A combination of words, maps, letters, figures, trivials and colours that would be identical or appear to be identical to the well-known trademarks, or the combination of the above-mentioned elements, as a commodity name, the use of commodity babies or as a non-registered trademark, would make it easier for the relevant public to have a misconception; (ii) Use in the same or similar commodities in the same name or in the same manner as in the name of a well-known trademark, which makes it easier for the relevant public to produce a misconception; (iii) The use of specialized or concurrent packagings of commodities referred to by prominent trademarks makes it easier for the relevant public to be wrong. Article 17 is in the same or similar commodities as those referred to in the famous trademarks, with the same or similar words, graphics, letters, figures, trivies and colours, or a combination of the above-mentioned elements, as a commodity name, the use of commodity babies or as a non-registered trademark, resulting in the potential harm to the well-known trademark owner, the user may request the business administration sector to deal with them in a timely manner. Article 18, the famous trademarks are infringed outside the administrative region of the province, and the well-known trademark owner, the user can reflect the business administration sector, and the business administration should provide assistance in a timely manner. Article 19 is one of the well-known trademark owner and the use of the person, which is removed by the provincial and business administration and made public announcements: (i) To obtain famous trademarks by submitting false material or by other means of deception; (ii) During the effective period of the famous trademark, the issue of the quality of the commodities referred to by the prominent trademark does not meet the conditions set out in this approach; (iii) The use of “known trademarks” beyond the authorized scope of use, which is not corrected by the business administration; (iv) There are other violations of well-known trademark management provisions. In the case of the former paragraph (i), the Ministry of Business Administration could and would be fined by more than 1,000 dollars. Article 20, in violation of article 13, paragraph 2, of this approach, is corrected by an order of responsibility for the business administration in the district and above, with a fine of up to 5,000 dollars. Article 21, in violation of article 16 of this approach, is responsible for the perpetrators to cease violations by the business administration in the district and in accordance with the relevant laws, regulations and regulations, such as the Trademark Act of the People's Republic of China, the People's Republic of China Anti-Frame Law. Article 22 staff in the business administration sector are treated in accordance with the law by the competent and other direct responsible persons directly responsible, which constitutes an offence and are held in accordance with the law: (i) In violation of the statutory procedures, the organization determines the well-known trademarks; (ii) Failure to fulfil the responsibility to protect prominent trademarks by law; (iii) The fees charged to the applicant in violation; (iv) Other acts of negligence, abuse of authority, provocative fraud and serious consequences. Article 23 determines that members of the Commission were misleading, favouring private fraud during the identification of prominent trademarks, causing a serious failure to determine the results of the well-known trademarks, which were dismissed by the provincial and business administration and disposed of by law by their units or by the inspectorate. Article 24 Organization of the provincial and commercial administration has found that a prominent trademark may not be charged to the applicant or charged any costs. Article 25 Article 26 |
