Determination And Protection Of Famous Trademarks In Jiangxi Province Approaches

Original Language Title: 江西省著名商标认定和保护办法

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(The people's Government of Jiangxi province, on September 8, 2007 at the 63rd Executive meeting on September 13, 2007 161th promulgated by the people's Government of Jiangxi province as of November 1, 2007) the first to standardize the Jiangxi province famous trademark (hereinafter referred to as the famous trademark) work to identify and maintain the reputation of famous trademarks, protection of famous trademark owners, occupiers and the legitimate rights and interests of consumers, promote economic development, according to the People's Republic of China trademark law, and 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.
    Article within the administrative region of this province famous trademark identification and protection procedures apply.
    Famous trademarks mentioned in these measures refers to enjoy a good reputation in the market, known by the relevant public, in accordance with this approach finds a registered trademark.
    Third provincial industrial and commercial Administration Department is responsible for the determination and protection of famous trademarks; district municipal administration for industry and commerce is responsible for recommending and protection of famous trademarks; County (municipal and district) Administration for industry and commerce is responsible for the protection of famous trademarks.
    Other departments, industry associations, consumer protection organizations in accordance with their respective responsibilities, assist in determination and protection of famous trademarks.
    The fourth famous trademark determination, should follow the principles of voluntary and open, fair and just.
    Fifth article famous trademark should meet following conditions: (a) the trademark all of residence or trademark by refers to commodity of origin in this province administrative within; (ii) application famous trademark finds Qian, the trademark continuous 3 years legal using, trademark is no dispute; (three) the trademark by refers to commodity near 3 years quality stable, in related public in the enjoys good reputation; (four) the trademark by refers to commodity sales regional more wide, near 3 years of sales, and tax amount, and market share, main economic index in this province industry in the leading;
    (E) the trademark has a strict system of use and management, as well as protective measures.
    Sixth article application finds famous trademark, should submitted following material: (a) applications; (ii) applicants of about identity proved material; (three) trademark registered of proved material (applicants for trademark using people of, also must submitted the trademark using license of proved material); (four) the trademark by refers to commodity near 3 years of sales, and tax amount, and market share, main economic index and the in province within industry sort situation of about material; (five) the trademark using, and management and protection of about material.
    Seventh district municipal administration for industry and commerce shall from the date of receipt of the application materials in the 10th, recommending or not recommending, and submitted to the provincial industrial and commercial Administration Department in conjunction with application materials. Provincial administration for industry and commerce shall be the receipt of the application materials and the municipal industrial and commercial administration departments within 20th of, this approach provides a preliminary review of the fifth, sixth, and's decision to accept or not to accept.
    Decide to accept, and shall notify the applicant decide not to accept, application materials should be returned to the applicant and state the reason in writing.
    Application materials need to be corrected, the provincial administration for industry and commerce should be one-time written notice to the applicant to be corrected within; if the correction is not made, as a waiver application.
    Eighth provincial administration for industry and commerce to the admissibility of the famous trademark applications shall be announced in provincial news media released the preliminary review, and consultation with relevant departments, industry associations, consumer protection organizations.
    From the date of preliminary review announcement in the 30th, any entity or individual can raise objections.
    Authorities, industry associations, consumer protection organizations shall submit written observations to the provincial administration for industry and commerce.
    Nineth provincial industrial and commercial administration sector organizations established by the famous mark approval Committee (hereinafter Committee), responsible for the famous trademark determination; determination of well-known trademark, there should be not less than two-thirds that the Committee members to participate in.
    Committee composition as well as the famous trademark of specific standards, procedures, rules, developed by the provincial administration for industry and Commerce authorities, submitted to the provincial people's Government for the record.
    Article tenth famous trademark in committees should be based on the application materials, the parties concerned, in accordance with the conditions laid down in article fifth, submitted to the identified objective and fair judgement and evaluation of the trademark.
    11th identified the Committee vote by secret ballot, were members of more than two-thirds votes to pass the trademark, as a famous trademark. Recognized as famous trademark, the corresponding certificate shall be issued by the provincial administration for industry and commerce, and announcements on the provincial news media.
    Has not been recognized as well-known trademarks, the provincial administration for industry and commerce shall notify the applicant in writing and state the reasons.
    12th famous trademark is valid for 3 years, calculated from the date of the announcement. 3 months before the expiry date of the famous trademarks, famous trademark owners, users can continue finds application to provincial administration for industry and commerce. Comply with the conditions specified in article fifth, provincial administration for industry and Commerce departments should continue identifying and notices. Each extension found is valid for 3 years.
    If no application for extension found, the famous failure.
    13th since the famous trademark announcement date, unless otherwise provided by laws, rules and regulations, its owner, who can be used in the famous trade mark within the meaning of trade, packaging, decoration, brochures, business letters or advertising, exhibitions and other business activities using "famous trademark".
    Before making is recognized as well-known trademarks or famous trademark owner license according to law, any organization or individual is allowed to use "famous trademark".
    14th article has following case one of of, famous trademark all should in accordance with People's Republic of China trademark law and the People's Republic of China trademark law implementation Ordinance of provides handle about procedures, and reported province business administration sector record: (a) famous trademark all of name, and address occurred change of; (ii) famous trademark all transfer its famous trademark of; (three) famous trademark all license others using its famous trademark of.
    15th famous trademark owners and users shall guarantee the quality of the goods referred to in the famous trademark, maintaining trademark reputation. 16th article in famous trademark by refers to commodity of with a or similar commodity Shang, others shall not implementation following behavior: (a) will and famous trademark same or similar like text, and graphics, and letters, and digital, and three dimensional logo and color combination, or above elements of combination, as commodity name, and commodity decoration using or as not registered trademark using, easy makes related public produced errors recognize of; (ii) will and famous trademark same or similar like text as enterprise of font size in with a or similar commodity Shang using,
    Easy-related public cause misidentification; (iii) referred to product-specific use famous trademarks or similar packages can easily cause misidentification of the public.
    17th article in and famous trademark by refers to commodity not same or not similar like commodity Shang, will and famous trademark same or similar like text, and graphics, and letters, and digital, and three dimensional logo and color combination, or above elements of combination, as commodity name, and commodity decoration using or as not registered trademark using, led famous trademark all, and using people of interests may by damage of, famous trademark all, and using people can requests business administration sector processing, business administration sector should timely processing.
    18th in this province famous trademark violations outside the administrative area, owners of famous trademarks, using one can reflect to the Administration for industry and commerce, industrial and commercial administrative departments shall be given in time to help.
    19th article famous trademark all, and using people has following case one of of, by province business administration sector revoked its famous trademark, and be announcement: (a) to submitted false material or take other cheat means made famous trademark of; (ii) in famous trademark of validity within, the famous trademark by refers to commodity for quality, problem not has this approach provides conditions of; (three) beyond approved using of range using "famous trademark" words, by business administration sector ordered its deadline corrected and refused to corrected of;
    (D) any other acts that violate the provisions on administration of famous trademarks.
    The preceding paragraph (a) provides, the provincial administration for industry and commerce may be fined a maximum of 2000 Yuan and 10,000 yuan.
    20th violates the provisions of the second paragraph of this article 13th, by the industry and commerce administration departments at or above the County correction may be fined a maximum of 5000 Yuan and 10,000 yuan.
    21st in violation of the provisions of article 16th, by the industry and commerce administration departments at or above the County ordering the perpetrator to stop the infringing act, and in accordance with the People's Republic of China trademark rights, the People's Republic of China against unfair competition law and other relevant laws and regulations will be punished.
    22nd article business administration sector staff has following case one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; constitute crime of, law held criminal: (a) violation statutory program organization finds famous trademark of; (ii) not law perform protection famous trademark duties of; (three) illegal to applicants charged costs of; (four) has other negligence, and abuse, and engages in behavior, and caused serious consequences of.
    23rd identified members of the famous trademarks in the process of recognition fraud, deception, and causing serious misrepresentation of the famous trademark determination results, by the provincial administration for industry and Commerce revoked his membership, and by their work units or the supervisory organs shall be subject to punishment.
    Famous brand of 24th province administration of industry and commerce organizations identified, shall not levy or charge any fee in a disguised form.
    25th article of the way the provisions on trademarks, and apply to service marks.
                                                                                                            26th article this way come into force on November 1, 2007.

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