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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(December 25, 2006 Standing Committee of the Tianjin Municipal People's Government, the 83rd review on December 30, 2006, Tianjin Municipal People's Government promulgated as of February 1, 2007, 108th), Tianjin first to standardize the determination and protection of famous trademarks, protection of the legitimate interests of trademark owners, users and consumers, in accordance with the People's Republic of China trademark law and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Second Tianjin determination and protection of famous trademarks, these measures shall apply.
    Famous brand in Tianjin in these measures refers to market in this city enjoys a high reputation, well known to the public and registered trademark pursuant to these measures be identified.
    Article Tianjin determination and protection of famous trademarks, and shall follow the voluntary, principles of openness, fairness and justice.
    The fourth Tianjin industrial and commercial administrative departments are responsible for determination and protection of famous trademarks.
    Development and reform, the State-owned assets management, quality and technical supervision, business, and other relevant departments shall, within its mandate, support for the establishment and development of famous brand in Tianjin.
    Fifth article application finds Tianjin famous trademark, should has following conditions: (a) the trademark since approved registered of day up, continuous using has full 3 years; (ii) trademark in related public in the has high of reputation degrees and cognitive degrees; (three) has sound of trademark using, and management and protection measures; (four) using the trademark of commodity, near 3 years production, and sales, and profit and market share, main economic index home this city industry forefront; (five) using the trademark of commodity quality stable, and consumers satisfaction rate high;
    (F) the laws, regulations or regulations can prove that the other conditions of the famous trademark. Shelter in the city's sixth registered trademark owners should be made to the residence Administration for industry and Commerce Bureau finds that the application.
    Residence is not in this city, an application shall be submitted to the municipal administration for industry and Commerce found.
    Seventh article proposed finds application Shi, should submitted following written material: (a) finds applications; (ii) applicants subject qualification documents and copies; (three) trademark registered card and copies; (four) trademark using, and management and trademark dedicated right protection situation of material; (five) the trademark near 3 years using, and publicity situation of material; (six) using the trademark commodity near 3 years of production, and sales, and tax amount, and market share, main economic index in this city industry sort of proved material;
    (VII) use of the trade mark product certificate of quality materials; (h) use of the trade mark the regional distribution of sales of goods; (IX) consumer satisfaction surveys that use the trademarked goods; (j) other materials required by laws, rules or regulations. The preceding paragraph (vi) evidence, including production issued by the accounting firm, sales, profits and taxes as well as the main economic indicators annual report, issued by the relevant trade associations and market share and the industry sort of proof.
    No relevant industry association certificate, shall present the survey materials and description and scope of survey and so on.
    Eighth article business administration sector received finds application and the related written material Hou, should for review, and according to following situation respectively made processing: (a) application material complete, and meet statutory form of, should since received application material of day up 5 a days within made accepted decided; (ii) application material not complete or not meet statutory form of, should spot or in 5 a days within once told applicants need correction of all content; late not told of, since received application material of day up that considered accepted;
    (C) not part of the scope of acceptance shall, within 5 working days from the date of receipt of application materials make an inadmissibility decision. Need corrected application materials applicants to resubmit all the correct materials for your application.
    The applicant refused to correct or failing to commit all the correct materials, decisions should be made inadmissible by the Administration for industry and commerce.
    Not accepted by the applicant disagrees with the decision, may apply for administrative reconsideration or bring a lawsuit.
    Nineth industrial and commercial administrative Bureau after receiving the application materials should be within 3 working days from the receipt of all application materials submitted to the municipal administration for industry and commerce.
    Tenth article finds that the application is admissible, the municipal administration for industry and commerce, public offerings, should be in the newspaper or posted on the municipal administration for industry and Commerce Department announcement of first instance are published for a period of 30 days.
    Challenging the public announcement period, the municipal administration for industry and Commerce departments should investigate objections, and respond in a timely manner the parties the survey results. 11th of municipal administration for industry and commerce shall verify to the admissibility of the application materials in a timely manner and, if necessary, invite experts to participate in.
    Need to verify the authenticity of the application materials may be entrusted with the Agency.
    Industrial and commercial administration departments famous trademark determination, Tianjin or its authorized institution apply for the relevant trade associations, consumer protection organizations and other units for comments or investigation to verify, the authorities concerned shall cooperate. 12th administrative departments for industry and commerce shall be on the applicant's application materials for safekeeping.
    It is a commercial secret, should be kept confidential.
    13th participation in the famous trademark of Tianjin industrial and commercial Administrative Department staff, experts, clients and staff, and the applicant has an interest should be avoided.
    14th of municipal industrial and commercial administration departments audited, that the applicant meets the conditions for these measures, should be identified and issued to the proprietor of the well-known trademark certificate of Tianjin.
    Audited do not meet the conditions as provided herein, the city administration for industry and commerce shall notify the applicant in writing and state the reasons.
    Applicant is not found does not accept the decision, may apply for administrative reconsideration or bring a lawsuit.
    15th Tianjin famous trademark audit and accreditation should be completed within 3 months from the date of expiry of the public in the first instance.
    Recognized as a famous brand in Tianjin, the city administration for industry and commerce shall be announced to the public in a timely manner. 16th Tianjin famous trademark from the date of identification valid for 3 years. Expiration date needs continuity identified, should be made to the municipal administration for industry and Commerce before the expiration of 3 months extension finds that the application. During this time did not apply, can give a 3 month grace period.
    Grace period has not yet applied, log off from the date of expiry of the spread found.
    Continuation finds applications audited meet the conditions of this regulation, shall be continued and announced.
    Each extension is valid for 3 years.
    17th clause as a famous brand in Tianjin, the proprietor of the registered trade mark can be found in the use of goods and their packaging, decoration, using brochures and advertising campaigns, exhibitions, show "famous brand in Tianjin" words or signs.
    Not found or without the permission of all of famous brand in Tianjin, no organization or individual shall not in their products and their packaging, decoration, using brochures and advertising campaigns, exhibitions, show "famous brand in Tianjin" words or signs.
    18th as recognized as famous brand in Tianjin, was identified using the goods for well-known goods.
    No organizations or individuals without permission from the trademark owner, may use its unique name, packaging or decoration, or use the name, packaging or decoration.
    19th, regarded as having famous brand in Tianjin, finds that notice date, any units and individuals with the same name registered as enterprises in the same industry or similar text font size, industrial and commercial administrative department not to approve registration.
    Recognized as a famous brand in Tianjin, which was believed to be the trademark by the trademark as an enterprise name registration, may result in misunderstandings of the public, the right to request the administration of industry and Commerce departments to revoke the name.
    Administration of industry and commerce in accordance with the principle of protection of legitimate interests of the right holder handle disputes.
    20th Tianjin famous trademark owners to participate in during the annual roadworthiness inspection, implementation of the file system.
    21st was identified as Tianjin city famous trademark, the trademark owners when the request is protected by as well-known trademarks, industrial and commercial administrative departments shall provide operational guidance and services.
    22nd of municipal administration for industry and commerce shall inform other provincial famous trademark determination situation in Tianjin industrial and commercial administrative departments, strengthen the protection of famous trademarks and trade in Tianjin.
    Tianjin city famous trademark infringement of the trademark rights in the outer provinces, municipal industrial and commercial administration departments should, within its mandate, to assist owners of trademarks, use people to defend their legitimate rights and interests. 23rd has been identified as the famous brand in Tianjin, the registered trademark owner change, trademark ownership transfer or authorize others to use, should be approved since the change in the 30th after the effective date of the contract or license to industrial and commercial administration departments for the record.
    Needs to issue a certificate of famous brand in Tianjin, the city administration for industry and commerce shall recover the original certificate.
    24th was identified as Tianjin city famous trademark, the trademark owners, users shall be responsible for the quality of famous brand products in Tianjin, protecting the reputation of famous brand in Tianjin, are allowed to produce, sell shoddy goods, not shoddy consumer fraud.
    Famous trademarks, Tianjin Municipal Administration for industry and commerce shall establish and improve complaint handling mechanism, any units and individuals thought to have designated Tianjin city famous trademark does not comply with these rules or violations of laws, rules and regulations has the right to complaint to the municipal administration for industry and commerce.
    25th Tianjin City, was recognized as famous trademark of registered trademark was revoked or cancellation, its famous trademark certificate expire automatically in Tianjin.
    26th to provide false documents obtained by deception, such as famous trademark determination of Tianjin, Tianjin Municipal Administration for industry and commerce shall revoke the famous trademark determination, and shall be published.
    27th disobey the 17th article, beyond the well-known trademark use famous trademarks or logos of Tianjin, industrial and commercial administrative departments shall be ordered to rectify; refuses, the plot is serious, the penalty of between 2000 Yuan and 10,000 yuan in serious and adverse social impact, Tianjin Municipal Administration for industry and commerce shall revoke the famous trademark.
    28th article violates this article 17th paragraph, unauthorized use of famous trademarks or logos of Tianjin, industrial and commercial administrative authority shall order the rectification, and fined a maximum of 5000 Yuan and 30,000 yuan.
    29th disobey article 18th, constitute unfair competition, industrial and commercial administrative departments shall be ordered to desist from the illegal act, confiscate the illegal gains, according to circumstances, impose illegal gains more than 1 time fined not more than 3 times in serious cases, can revoke a license; selling fake or substandard products, constitute a crime, criminal responsibility shall be investigated according to law.
    Article 30th disobey article 23rd, not the industry and commerce administration departments, industrial and commercial administrative departments shall be ordered to rectify. 31st in violation of article 24th of this approach stipulates that production and sale of shoddy goods and shoddy consumer fraud, administration for industry and commerce shall order the rectification to serious, adverse social impact, Tianjin Municipal Administration for industry and commerce shall revoke the famous trademark determination and make an announcement.
    Laws, regulations and rules provides as punishment for the violation of, relevant management departments should be dealt with in a timely manner.
    32nd industrial and commercial administrative departments at the famous trademarks and protection of dereliction of duty, abuse of authority or engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    33rd article this way relating to commodity trademarks shall, apply to service marks, collective marks and certification marks.
                                                    34th article of the rules take effect on February 1, 2007.

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