Recognition And Protection Of Well-Known Trademarks Provisions

Original Language Title: 驰名商标认定和保护规定

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Recognition and protection of well-known trademarks provisions

    (July 3, 2014 the State administration for industry and Commerce announced 30th after the date of its promulgation, 66th execution) working first to standardize the well-known trademark, protect the legitimate rights and interests of well-known trademark holders, in accordance with the People's Republic of China trademark law (hereinafter referred to as trademarks), the People's Republic of China implementing regulations of the trademark law (hereinafter referred to as the implementation regulations), these provisions are formulated.

Second well-known trademark is the trademark in China known to the relevant public.

    Relevant public, including with the use of a trademark is marked by certain types of goods or services relating to the consumer, before production of the said goods or services of other operators and sellers involved in distribution channels and related personnel.

    The trademark office or the trademark review and adjudication Board under article III the Parties requests and reviews, deal with cases of need, responsible for the trademark registration review of trademark disputes handling and industrial and commercial administrative departments to investigate trademark violations in the process of recognition and protection of well-known trademarks.

    The fourth well-known trademark case identification, follow the principle of passive protection.

    Article fifth objection in accordance with the Trademark Office trademark law article 33rd, 13th article request and in accordance with the trademark law protection of well-known trademarks, proposed protection of well-known trademarks with the Trademark Office of a written request and submitting the evidence that his trademark constitutes a well-known trademark.

    Sixth party trademark shall be rejected for registration review cases and requested invalidation case, in accordance with the trademark law article 13th requested protection of renowned trademarks, may make a protection of well-known trademarks with the trademark review and adjudication Board's written request and submit the evidence that his trademark constitutes a well-known trademark. Article seventh trademark violation cases involving well-known trademark protection by city (and State) jurisdiction-level industry and commerce administration departments at or above.

    May, at the request of industry and commerce administration departments to investigate trademark violations, 13th article request and in accordance with the trademark law protection of well-known trademarks, can contribute to the violations to the city (and State)-level industry and commerce administration departments at or above the complaint and proposed protection of well-known trademarks, a written request submitted evidence to prove his trademark constitutes a well-known trademark.

    Eighth party requesting protection of well-known trademarks should follow the principle of good faith, and responsible for the authenticity of the facts and evidence submitted by.

Nineth of the following materials can be used as proof in accordance with trademark law of the 14th article of evidence:

(A) prove that materials related to public awareness of the trademark. (B) that the duration of use of a trademark materials, such as the registration of the trademark use, history and scope of the materials. The trademark is not registered trademarks should be provided to prove the duration of not less than five years of material.

The mark is a registered trademark, and shall provide proof of its registration period of not less than three years or continuing material used by no less than five years.

(C) evidence of any publicity of that Trademark duration, extent and geographical area of material, such as advertising and promotions in recent three years, geographic scope, the type of media and advertising and other materials.

(D) that the trademark in China or other countries and regions as a well-known trademark protected material.

(E) other evidence that is the trademark of well-known material, such as use of the trade mark products in the past three years of sales revenue, market share, profit, tax payable, sales territory, and other materials.

    Referred to in the preceding paragraph "three years" or "five-year" refers to the trademark registration was challenged date, presented the request for invalidation of the trademark registration applied for before the date of three years, five years, and in investigating and dealing with trademark law protection of well-known trademark requests made prior to the date of three years and five years.

    Tenth party in accordance with the fifth and sixth provisions requested protection of well-known trademarks, trademark law of the Trademark Office and the trademark review and adjudication Board shall, in the 35th, 37th, 45th, dealt with in a timely manner within the period provided for in article. 11th party in accordance with the provisions of article seventh request Administration for industry and commerce to investigate trademark violations, administration for industry and commerce shall be verified complaint material, in accordance with the industrial and commercial administrative organs deciding whether the relevant provisions of the regulations on the procedure of administrative penalty case. Decision case, administration for industry and Commerce of well-known trademark protection submitted by the parties should be requested and the relevant evidence materials with the trademark law of the 13th, 14th, the regulations for the implementation of the third and Nineth of these rules provides for a preliminary verification and review. After preliminary verification of compliance, shall from the date of filing the well-known trademark in the 30th, cases, copies of materials submitted to the superior administrative departments for industry and commerce.

    Review does not meet the requirements, shall, in accordance with the provisions of the administration of industry and Commerce administrative penalty procedures dealt with in a timely manner. 12th of provinces (autonomous regions and municipalities) Administration for industry and commerce within their jurisdiction should be city (, State)-level administration of industry and Commerce submitted by well-known trademark-related materials with the trademark law of the 13th, 14th, the regulations for the implementation of the third and Nineth of these rules provides for verification and review. After verification of compliance should be received within 30th of well-known trademark-related materials, copies of well-known trademarks, case materials submitted to the Trademark Office.

    Reviewed do not meet requirements, and related materials should be returned to the original file, which, in accordance with the provisions of the administration of industry and Commerce administrative penalty procedures dealt with in a timely manner.

13th the trademark office or the trademark review and adjudication Board when the well-known trademarks, should consider the 14th article of the trademark law and the factors listed in this article Nineth, but does not take all factors as a premise.

    The Trademark Office and the trademark review and adjudication Board when the well-known trademarks, needs of the local industrial and commercial administrative departments to verify the information, relevant local industrial and commercial administrative departments shall provide assistance.

14th the trademark Bureau of province (autonomous regions and municipalities) Administration for industry and Commerce of well-known trademark-related materials submitted for review identified constitutes a well-known trademark, shall be submitted to the provinces (autonomous regions and municipalities) Administration for industry and Commerce approved. Office Administration for industry and commerce shall, within 60 days after the determination is made by the Trademark Office approved be dealt with according to law, and administrative penalty decision reported to province (autonomous regions and municipalities) Administration for industry and commerce.

    Provinces (autonomous regions and municipalities) Administration for industry and commerce shall receive a copy of the written decision of administrative penalty within 30th of the handling of cases and submitted to the Trademark Office of administrative punishment decision letter. 15th levels of Administration for industry and Commerce trademark registration and management should strengthen the protection of well-known trademarks, maintenance of rights holders and the legitimate interests of consumers.

    Alleged trademark violations committed a crime, cases should be transferred to the judicial organs in a timely manner.

16th review for trademark registration, trademark disputes and industrial and commercial administrative departments to investigate trademark violations in the process, the parties request protection of well-known trademark pursuant to trademark 13th article, can provide the trademark as a well-known trade mark protected in our country records.

    Party requests famous trademark protection of range and has was as famous trademark be protection of range basic same, and other party on the trademark famous no objections, or is has objections, but objections reason and provides of evidence obviously insufficient to support the objections of, trademark Council, and trademark Review Committee, and trademark illegal case filed sector can according to the protection records, combined related evidence, give the trademark famous trademark protection.

    17th in cases of trademark violation, through deception or provides false evidence improperly to defraud, such as protection of well-known trademarks, the Trademark Office revoked the trademark finds have been made in connection with, and notifications submitted to the well-known trademark in the province (autonomous regions and municipalities) Administration for industry and commerce.

    18th article place business administration sector violation this provides 11th article, and 12th article provides not perform on famous trademark finds related material for verified and review duties, or violation this provides 13th article second paragraph provides not be assist or not perform verified duties, or violation this provides 14th article second paragraph provides late not on trademark illegal case made processing or late not submitted processing situation of, by Shang level business administration sector be informed, and ordered its rectification.

    19th industrial and commercial administrative departments at all levels should establish and improve the well-known trademark supervision and inspection system.

    20th personnel involved in the determination and protection of well-known trademarks, dereliction of duty, abuse of power, favoritism and illegal handling matters related to the well-known trademark, and accept the party's property, seeking illegitimate interests, be dealt with in accordance with the relevant provisions. 21st article of the regulations implemented since the 30th, after the date of its publication. April 17, 2003, released by the State administration for industry and Commerce of the well-known trademark and protection regulations repealed simultaneously.

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