Article 1: In order to standardize the identification and management of well-known trademarks, protect the legitimate rights and interests of well-known trademark owners in Jilin City, and promote economic development, these regulations are formulated in accordance with relevant laws and regulations and in combination with the actual situation of this city. Article 2 These regulations shall apply to the recognition and protection of well-known trademarks within the administrative region of this city. Article 3: Well-known trademarks as mentioned in these Regulations refer to registered trademarks that are widely known to the relevant public and enjoy a high reputation and are recognized by the municipal administrative department for industry and commerce in accordance with these Regulations.
The relevant public includes consumers related to the certain type of goods or services marked by the trademark, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in the distribution channels. Article 4 The municipal administrative department for industry and commerce is the administrative authority responsible for the municipal trademark work and is responsible for the identification, protection, supervision and management of well-known trademarks. Article 5: The recognition of well-known trademarks shall be based on the principles of voluntariness, openness, fairness and impartiality. Article 6 People's governments at all levels shall encourage natural persons, legal persons and other organizations to improve product quality, maintain trademark credibility, and strive to create well-known trademarks.
Priority is given to recommending “Jilin Province Famous Trademarks” from well-known trademarks in Jilin City.
Those who obtain Jilin City Famous Trademarks, Jilin Province Famous Trademarks and China Famous Trademarks will be commended by the Municipal People's Government. Article 7 The municipal administrative department for industry and commerce shall organize the establishment of a municipal well-known trademark review committee to be responsible for the review of well-known trademarks. The Municipal Well-known Trademark Review and Adjudication Committee is composed of no less than 30 experts from law, economics, science and technology and related industries, and is reported to the Municipal People's Government for filing. Article 8 An application for recognition of a well-known trademark shall meet the following conditions:
(1) The applicant is the owner of the registered trademark or a natural person, legal person or other organization that is licensed to use the registered trademark and authorized to apply;
(2) The goods marked by the trademark (the goods and services referred to in these Regulations, the same below) comply with the provisions of national laws and regulations, and have excellent and stable quality and after-sales service among similar and same-grade goods in this city;
(3) The output, sales volume, sales revenue, etc. of the goods marked by the trademark in the past two years have reached a certain scale, and major economic indicators such as profits and taxes, market share, etc. are leading in the same industry in this city;
(4) The trademark has a high reputation in the city or the domestic and foreign markets, and is well known to the relevant public;
(5) The owner and user of the trademark pay attention to the use, management and management of the trademark. Protection and sound management systems. Article 9 The application and recognition of well-known trademarks shall be carried out according to the following procedures:
(1) The applicant shall apply to the local county (city) or district industrial and commercial administration department and fill out the "Jilin City Well-known Trademark Recognition Application" Form", provide relevant supporting materials in accordance with the conditions stipulated in Article 8 of these Regulations. The certification materials must be authentic and reliable, and the source must be indicated.
(2) The county (city) and district industrial and commercial administrative departments will conduct a preliminary review based on the materials submitted by the applicant, and recommend those that meet the conditions to the municipal industrial and commercial administrative department; those that are deemed to be unqualified will notify the application in writing. people and explain why. If the applicant has objections to the rejection of recommendation by the county (city) or district industrial and commercial administrative department, he or she may directly apply for recognition to the municipal industrial and commercial administrative department.
(3) The municipal administrative department for industry and commerce shall conduct written review and on-site inspection of relevant materials, and organize relevant public to evaluate and form review opinions.
(4) The Municipal Administration for Industry and Commerce shall determine no less than 15 people from among the members of the Municipal Well-known Trademark Review Committee to form a well-known trademark review team. The well-known trademark review team will review the trademarks applied for recognition based on the materials submitted by the applicant and the review opinions of the municipal industrial and commercial administration department, and vote by secret ballot. The well-known trademark review team will be approved by more than two-thirds of all members of the well-known trademark review team, forming a review Opinion.
(5) The municipal administrative department for industry and commerce shall identify well-known trademarks based on the evaluation opinions of the well-known trademark review team. If it is recognized as a well-known trademark, the municipal administrative department for industry and commerce will issue a "Jilin City Famous Trademark Certificate" and a plaque and make an announcement; if it is not recognized, the municipal administrative department for industry and commerce will notify the recommending unit and the applicant in writing and explain the reasons. .
The review and recognition of well-known trademarks are organized at least twice a year. Article 10 The value of well-known trademarks shall be assessed and determined by an asset appraisal intermediary organization with corresponding qualifications. Article 11: Well-known trademarks are valid for 3 years. If you need to maintain the title of a well-known trademark after the expiration of the validity period, you should reapply for recognition three months in advance.
Article 12 During the validity period of a well-known trademark, the trademark owner may apply for cancellation of the well-known trademark, which will be announced after review and approval by the municipal administrative department for industry and commerce. Article 13 The owner of a well-known trademark may use the words and signs of "Jilin City Well-known Trademark" in the packaging, decoration, instructions, transaction documents, advertising, exhibitions and other business activities of the goods and products approved for use.
Non-well-known trademark owners are not allowed to use "Jilin City Well-known Trademark" or words or marks similar to it without authorization or in disguised form. Article 14 If words that are identical or similar to others’ well-known trademarks are used as corporate trade names, which may deceive the public or cause misunderstanding to the public, the industrial and commercial administrative department shall not approve the registration; if the registration has been approved, the owner of the well-known trademark may apply to the industrial and commercial administration department for registration. The administrative department applied to cancel the registration of the enterprise name.