How to apply for a famous trademark in Jilin Province?
measures for the identification and administration of famous trademarks in Jilin province article 1 these measures are formulated in accordance with the trademark law of the people's Republic of China, the detailed rules for the implementation of the trademark law of the people's Republic of China, with reference to the interim provisions on the identification and administration of well-known trademarks and in combination with the actual situation of this province, in order to protect the legitimate rights and interests of the owners of famous trademarks, improve the visibility of trademarks in our province, guide enterprises to strive for well-known trademarks and promote the development of the socialist market economy. Article 2 A famous trademark in Jilin Province (hereinafter referred to as a famous trademark) refers to a registered trademark in our province that enjoys a high reputation in the market and is well known to the relevant public. Article 3 Jilin Provincial Administration for Industry and Commerce shall be responsible for the identification and management of famous trademarks. No other organization or individual may identify or identify famous trademarks in other disguised forms. Article 4 Where a trademark registrant requests to protect the rights and interests of his famous trademark, he shall apply to the Jilin Provincial Administration for Industry and Commerce for the recognition of the famous trademark in Jilin Province. Under special circumstances, Jilin Provincial Administration for Industry and Commerce may, according to the needs of trademark management, identify famous trademarks in Jilin Province. A well-known trademark recognized by Jilin Provincial Administration for Industry and Commerce, which has not been recognized for more than three years, does not need to re-apply for recognition. Article 5 A trademark registrant shall fill in the Application Form for the Recognition of Famous Trademarks in Jilin Province when applying for the recognition of famous trademarks, and submit the supporting documents listed in Article 6 of these Measures, which shall be submitted to the provincial administration for industry and commerce for recognition after being signed by the local administrative authorities for industry and commerce at or above the county level step by step; Or the trademark registrant directly applies to the Provincial Administration for Industry and Commerce for recognition. Article 6 A trademark registrant applying for the recognition of a famous trademark shall meet the following conditions: (1) The trademark registrant is an enterprise, institution, social organization and individual industrial and commercial household established in this province according to law; (two) the actual use period of the trademark has expired for three years from the date of approval and registration; (three) the trademark goods in the same category of goods with good quality, stability, excellent after-sales service, with a high market reputation; Four major economic indicators such as the output, sales, profit and market share of the trademark goods in the past three years are leading in the same industry in our province; (five) the trademark has a high degree of awareness among the relevant public; The trademark registrant has strict measures for the use, management and protection of the trademark. Article 7 The specific standards for the conditions for the recognition of famous trademarks in Jilin Province shall be formulated by the trademark supervision and administration department of the Provincial Administration for Industry and Commerce. Article 8 The identification of famous trademarks shall follow the principles of voluntariness, openness, fairness and science. The opinions of relevant departments and consumers' associations shall be consulted during the identification. Article 9 The application for the identification of provincial famous trademarks shall pay the acceptance fee according to the charging standards stipulated by the Provincial Department of Finance and the Provincial Price Bureau. Tenth recognized famous trademarks, issued to the "Jilin Province Famous Trademark Certificate", and make an announcement. "Jilin Famous Trademark Certificate" is uniformly produced by the Provincial Administration for Industry and Commerce. Article 11 A registrant of a famous trademark may use the words "Famous Trademark in Jilin Province" or a logo in the approved commodities and their packaging, decoration, brochures, commodity trading books, advertising, exhibitions and other business activities, but the year of recognition shall be indicated. Article 12 The name or logo of a famous trademark shall not be lent, leased or illegally transferred to others for use. Thirteenth famous trademark registrants in the transfer of famous trademarks according to law, or to invest in trademark rights, should be evaluated in accordance with the provisions. Where a famous trademark changes the name, address or other registered items of the registrant, it shall report the changed items to the Provincial Administration for Industry and Commerce for the record within 3 days from the date of change registration. Article 14 The administrative department for industry and commerce shall strengthen the management of famous trademarks, establish and improve management systems and files, and follow up and inspect the use and protection of famous trademarks by famous trademark registrants. Article 15 Where a trademark identical with or similar to another person's famous trademark in Jilin Province is used on a non-similar commodity, and it will imply that the commodity has some connection with the famous trademark registrant in Jilin Province, which may damage the rights and interests of the famous trademark registrant in Jilin Province, the famous trademark registrant in Jilin Province may request the administrative department for industry and commerce to handle it within two years from the date when he knows or should know. Article 16 If, from the date when a well-known trademark is recognized, another person (excluding the registrant of the well-known trademark) uses the same or similar words as the enterprise name or shop name, which may cause misunderstanding by the public, the administrative authorities for industry and commerce at all levels shall not approve the registration. However, there are one of the following exceptions: (1) the words of famous trademarks are the names of administrative divisions at or above the county level; (2) The words of a famous trademark are the names of rivers, lakes, seas, mountains and places of interest that are famous in the whole country or the whole province; (three) the words of famous trademarks are the names of plants and animals; Other circumstances stipulated by laws and regulations. Before the announcement of a famous trademark, if someone else has registered the same or similar words of the famous trademark as the enterprise name or shop name, the registrant of the famous trademark may, within two years from the date when he knows or should know, request the administrative department for industry and commerce to cancel it, and whether or not to cancel it shall be decided by the provincial administration for industry and commerce. Article 17 When judging whether the acts mentioned in Articles 15 and 16 of these Measures may damage the rights and interests of the registrant of a famous trademark, the originality and reputation of the trademark shall be considered. Eighteenth famous trademark registrant in any of the following circumstances, the provincial administration for Industry and Commerce shall be ordered to stop using, within a time limit to correct or revoke the recognition of the famous trademark: (1) by cheating or other improper means to obtain a famous trademark; Two in violation of the provisions of article eleventh and article twelfth of these measures; (three) using the reputation of famous trademarks, shoddy, and harming the interests of consumers or users; (4) changing the words, figures and combinations of registered trademarks without authorization, and refusing to correct them after being advised; Five forged, altered, lent, leased, sold "Jilin famous trademark certificate" and other documents; Six other circumstances that seriously affect the reputation of famous trademarks. The revocation of a famous trademark shall be announced in a certain way. Article 19 Where a trademark is falsely claimed as a famous trademark without being recognized by the Jilin Provincial Administration for Industry and Commerce and the public is deceived, the administrative department for industry and commerce at the place where the act is committed shall order it to make corrections and impose a fine; If there is no illegal income, a fine of not less than 5 yuan but not more than 1 thousand yuan may be imposed; If there is illegal income, a fine of more than 2, yuan and less than 3, yuan may be imposed. Article 2 Whoever violates Article 15 of these Measures shall be dealt with by the administrative department for industry and commerce in the place where the act is committed by referring to Article 43 of the Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China. Article 21 The provisions on commodity trademarks in these Measures shall apply to service trademarks. Twenty-second approach by the Jilin Provincial Administration for Industry and commerce is responsible for the interpretation of. Article 23 These Measures shall come into force as of the date of promulgation.