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Determination And Protection Of Famous Trademarks In Tianjin Approach

Original Language Title: 天津市著名商标认定和保护办法

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(Adopted at the 83th Annual Meeting of the People's Government of the city of Zenin on 25 December 2006 No. 108 of the Order of the People's Government of 30 December 2006 and published as of 1 February 2007)

Article 1 regulates the identification and protection of well-known trademarks in zinc, protects the legitimate rights and interests of all markers, users and consumers, and develops this approach in line with the Trademarks Act of the People's Republic of China and relevant legal, regulatory provisions.
Article 2
This approach refers to the well-known trademarks in the zinc city, which are known to the relevant public in the present market and are determined on the basis of this approach.
Article 3 identifies and protects prominent trademarks in the city of zunci and should be guided by the principles of voluntary, open, fair and fair.
Article IV. The business administration sector is responsible for the identification and protection of prominent trademarks in the city of Zin.
The relevant sectors such as development reform, State asset management, quality technical supervision, and business should support the creation and development of famous trademarks in the city of Zzin within their responsibilities.
Article 5 shall apply for the determination of a famous trademark in the city of Zenin, with the following conditions:
(i) The trademark has been used for three consecutive years since the date of approval of registration;
(ii) The high degree of credibility and awareness among the relevant public;
(iii) The use, management and protection of sound trademarks;
(iv) The main economic indicators, such as production, sales, profit and market tenure rates, are listed in the same industry in recent three years;
(v) Stability and high consumer satisfaction in the use of the trademark;
(vi) The provisions of laws, regulations or regulations may prove to be well-known other conditions of the trademark.
Article 6. The residence of the owner of the registered trademark shall be filed with the sub-office of the business administration in the place of the residence. The residence is not in the city, and the business administration sector should be asked for confirmation.
Article 7. The following written material shall be submitted when the request is made:
(i) Determination of the application;
(ii) The applicant's main qualification documents and their copies;
(iii) Registration of trademarks and their copies;
(iv) Materials for the use, management and trademark-mark-specific protection of trademarks;
(v) The trademark uses, disseminates material for almost three years;
(vi) The use of major economic indicators such as the commercialmark commodities for almost three years of production, sales, tax levies, market occupancy rates, as evidenced by the same sector in this city;
(vii) The use of the commercialmark commodities quality certificate material;
(viii) Regional distribution of sales using the trademark commodities;
(ix) Consumer satisfaction survey material using the trademark commodities;
(x) Other material required by law, regulations or regulations.
The certified material in paragraph (vi) above includes the annual review of the main economic indicators, such as the accounts, sales, taxes, and certificates from the relevant industrial associations of the municipality. Unless relevant industry associations have proved, statistical survey materials should be made available and information on the manner and scope of the survey.
Article 8. The business administration shall be reviewed after the confirmation of the application and the related written material is received and processed according to the following:
(i) The full and statutory form of the application shall be taken within five working days from the date of receipt of the request;
(ii) The submission of material is incomplete or incompatible with the statutory form and should be communicated to the applicant within five working days to the extent that the applicant needs to be filled; the late notification is considered to be admissible from the date of receipt of the request;
(iii) Without the scope of admissibility, the decision to be inadmissible within five working days from the date of receipt of the request.
The applicant will be required to resubmit all the additional material to the request. The applicant's refusal to fill or to submit all the materials, and the business administration sector should make a decision inadmissibility.
The applicant may apply for administrative review or prosecution to the People's Court by law.
Article 9. After receipt of the request by the Division of Business Administration, all requests should be sent within three working days of the date of receipt to the municipal and commercial administration.
Article 10 provides for the determination that has been accepted, the city's business administration should issue the first instance announcement on the public distribution of newspapers or the municipal business administration website, which is 30 days.
The public of society contested during the public demonstration period, the municipal and commercial administration should investigate the content of the objection and respond promptly to the parties.
Article 11. The municipal and business administration sector should conduct a timely review of the admissible applications and, if necessary, invite the experts concerned to participate. The authenticity of the application materials would need to be verified and the relevant bodies could be delegated.
The municipal and business administration or the agencies entrusted to it shall cooperate with the relevant units for the identification of applications for advice or verification to the relevant industry associations, consumer rights and protection organizations, for example, zinc.
Article 12. The business administration sector should be kept in custody of the applicant's application material. It is commercial secret and should be kept confidential.
Article 13. Staff, experts, commissioned agencies and their staff involved in the business administration, as identified by prominent trademarks in the city of Zinz, should be avoided.
Article 14. The municipal and business administration sector has been reviewed and the applicant should be determined in accordance with the conditions laid down in this approach and issued a certificate of excellence in the city of Zin.
The municipal and business administration should inform the applicant in writing and explain the grounds upon which it is not in accordance with the conditions set out in this scheme.
The applicant may apply for administrative review or prosecution to the People's Court if it is not determined to be inconsistent.
The review and determination of the famous trademarks in the city of Zenin shall be completed within three months from the date of the expiry of the first instance.
The city's business administration sector should be given a timely social announcement as identified as a prominent trademark in the city.
Article 16 is effective within three years of the date of the determination of the famous trademarks in the city of Zenin. Effective expiration requires the continuation of the determination and the extension of the application to the municipal and commercial administration by three months prior to completion. The three-month extension period could be granted without application during that period. The roll-out was still pending and was cancelled from the date of the roll-out.
Continuation of the determination that the application is subject to the conditions laid down in this approach shall be maintained and made public.
Each continuation is three years.
Article 17, which has been identified as a prominent trademark in the city of zinc, may be used by all of the registered trademarks to be used by identified goods and their packaging, babies, statements and advertisements, exhibitions, showcases, using the term “known trademarks” in the city of Zenin.
No organization or individual shall use the term “honourable trademarks” in their commodities and their packaging, babies, statements and advertisements, exhibitions, displays, or symbols when they are not identified or licensed by prominent trademarks.
Article 18 has been identified as a prominent trademark in the city of zinc and the commodities identified for use are known.
Any organization or individual may not use his specific name, packaging, babies or use his or her close name, packaging, babies, without the licence of the owner of the trademark.
Article 19, which is determined to be a prominent trademark in the city of Zenz, will be registered by any unit and person with the same trademark or the nearest language application for registration as an enterprise name of the same industry, and the business administration does not approve registration.
The owner of the trademark was found to be a prominent trademark in the city of zinz, who considered that the trademark was registered as an enterprise name and could result in misunderstandings among the public, and had the right to request the commercial administration to withdraw the name of the enterprise.
The business administration is governed by the principle of the protection of the first legitimate rights.
Article 20 applies when the owner of the famous trademarks in the city of Zinz participates in the annual business review.
Article 21, which was identified as a prominent trademark in the city of Zenin, requires that all trademarks be protected as a countermark, the business administration should provide relevant operational guidance and services.
Article 2
The exclusive right of trademarks in the city of Zenin was violated in the city of Orientale, and the municipal and business administration should, within its mandate, assist the trademark owner and use the owner to defend its legitimate rights and interests.
Article 23 was found to be a prominent trademark in the city of Nusaz, where the owner conducts a change in registration matters, the transfer of trademark titles or the licence of others, it should be backed into the business administration sector within 30 days of the date of approval of changes or the entry into force of the licence contract. There is a need to retrieve prominent trademark certificates in zinc city, and the municipal business administration should recover the certificates.
Article 24 was found to be a prominent trademark in the city of Nusaz, whose trademark owner, the user should be responsible for the quality of the commodities used for prominent trademarks in the city of zinnes, the reputation of the famous trademarks of the city of Narzin and the non-production, sale and sale of rough commodities, without subvenering consumers.
The municipal and business administration should establish a mechanism for the handling of complaints by well-known trademarks in the city of Zinz and any unit and individual believe that the well-known trademarks of the arsenal that have been identified are incompatible with the provisions of this approach or in violation of legal, regulatory, regulatory and regulatory provisions have the right to lodge complaints to the municipal commercial administration.
Article 25. Registration marks identified as prominent trademarks in the city of Zenin have been cancelled or cancelled by law and their certificates of prominent trademarks in the city of Zenin have been automatically invalid.
Article 26 obtained the identification of famous trademarks in zinc city by means of deception, such as the provision of false documents, and the business administration sector should withdraw its famous trademarks in zinc city and make public statements.
Article 27, in violation of article 17, paragraph 1, of the present scheme, stipulates that the industrial and commercial administration shall decede its famous trademarks or symbols in the zinc city of zunciation in the light of the determination of the use of the well-known trademarks by the prominent trademarks of the city, which exceeds one million yen of the 2000 yen; in the case of serious circumstances and the adverse social impact.
Article 28, in violation of article 17, paragraph 2, of the present approach, provides that the business administration shall be responsible for its transformation and for a fine of up to 3,000 dollars.
Article 29, in violation of article 18 of this approach, constitutes unjustifiable competition, and the business administration should be responsible for the cessation of the offence and for the confiscation of proceeds of the violation, punishable by more than three times the amount of the proceeds of the breach; in the case of serious circumstances, the release of the licence of the operation; the sale of the defective commodities, which constitutes a crime, and the prosecution of criminal responsibility by law.
Article 33, in violation of article 23 of this approach, provides that the business administration should be responsible for the period of time being changed.
Article 31, in violation of article 24 of this approach, provides that the industrial and commercial administration sector should be responsible for the production, sale of rough commodities or for the subsoiling of consumers, and that the city's business administration should revoke its famous trademarks in the city of Zzin. The law, regulations, regulations and regulations impose additional penalties for the offence and the management concerned should be dealt with in a timely manner.
Article 32, Staff members of the business administration have been given administrative treatment under the law in the identification and protection of prominent trademarks, abuse of authority, provocative fraud, and criminal responsibility by law.
The provisions of this approach relating to commodity trademarks apply to service trademarks, collective trademarks and trademarks.
Article 34 of this approach is implemented effective 1 February 2007.