No.2.

The Agreement and Measures for the Protection of Famous Trademarks in Tangshan City have been adopted at the 5th1executive meeting of the municipal government on May 4th, 20th1year, and are hereby promulgated and shall come into force as of July 6th, 20th1year.

Mayor: Chen Guoying.

June 3, 2065 438+0 1

Chapter I General Principles

Article 1 In order to standardize the identification of well-known trademarks, protect the legitimate rights and interests of trademark registrants and consumers, and promote economic development, these Measures are formulated according to the actual situation of this Municipality.

Article 2 The term "well-known trademark" as mentioned in these Measures refers to a registered trademark that is well known to the relevant public and enjoys a high reputation in the market of our city, and has been recognized in accordance with these Measures.

Well-known trademarks are limited to trademarks approved for registration and categories of goods or services approved for use.

Article 3 These Measures shall apply to the identification, protection and management of well-known trademarks within the administrative area of this Municipality.

Article 4 The municipal and county administrative departments for industry and commerce shall be responsible for the identification, protection and management of well-known trademarks.

The relevant administrative departments and social organizations of the people's governments at the city and county levels shall, within the scope of their respective duties, assist and cooperate with the administrative departments for industry and commerce in the identification, protection and management of well-known trademarks.

Chapter II Identification of Well-known Trademarks

Article 5 The identification of well-known trademarks shall follow the principles of voluntary application, fairness, openness and impartiality.

Article 6 Well-known trademarks are recognized as commodity trademarks, service trademarks, collective trademarks and certification trademarks.

Article 7 A well-known trademark shall meet the following conditions:

(a) the trademark registrant is an enterprise, institution, individual industrial and commercial household, group, association or other organization established according to law in this Municipality;

(2) The trademark has been approved for registration for two years from the date of approval;

(three) the goods referred to in the trademark are of good quality and stability, and have a good reputation and enjoy a high reputation among the relevant public;

(four) the main economic indicators such as sales, tax payment, profit and market share of the goods referred to in this trademark are leading among similar goods in this city;

(5) The trademark registrant has a strict system of trademark use, protection and management;

(6) The trademark registrant has not infringed upon the exclusive right to use a registered trademark of others or otherwise violated the laws, regulations and rules concerning trademarks.

Article 8 Well-known trademarks are collectively recognized once a year.

Where a trademark registrant thinks that its registered trademark meets the conditions stipulated in Article 7 of these Measures, it may apply to the administrative department for industry and commerce of the local county (city, district) for recognition.

Article 9 To apply for the recognition of a well-known trademark, the following documents or materials shall be submitted:

(1) an application;

(2) Relevant certificates or photocopies proving the applicant's subject qualification;

(three) the relevant documents or materials issued by the relevant departments or trade associations at or above the municipal level on the quality of the goods referred to in the trademark;

(4) Relevant documents or materials issued by relevant departments or trade associations at or above the municipal level on the ranking of major economic indicators such as sales, tax payment, profit and market share of the goods referred to in the trademark in the same industry in this Municipality in recent two years;

(5) Trademark advertisements;

(6) Relevant information on the use, management and protection of trademarks;

(seven) other information related to brand awareness.

Tenth county (city, district) industrial and commercial administrative departments shall complete the examination within 20 days from the date of receiving the application for the recognition of well-known trademarks. That meet the conditions, recommended to the municipal administrative department for Industry and commerce; Do not meet the conditions for recognition, shall not be recommended, and return the application for recognition, with a written explanation.

Article 11 If a trademark registrant who applies for the recognition of a well-known trademark disagrees with the decision not to recommend it, he may file an application for reexamination with the municipal administrative department for industry and commerce within 05 days from the date of receiving the examination opinions.

The municipal administrative department for industry and commerce shall make a review decision within 05 days from the date of receiving the application for review. If the reason for the application is established, the municipal administrative department for industry and commerce shall directly accept the application for identification; If the application reason is not established, it will not be accepted, and the reasons will be explained in writing.

The review decision of the Municipal Administration for Industry and Commerce is final.

Article 12 The municipal administrative department for industry and commerce shall, after receiving the application for the recognition of well-known trademarks recommended by the administrative department for industry and commerce of the county (city, district), investigate and examine the application materials within 30 days, and put forward audit opinions. To meet the conditions of recognition, submit it to the well-known trademark review and adjudication board for review; For those who do not meet the conditions for recognition, the application materials shall be returned and the reasons shall be explained in writing.

Thirteenth well-known trademark review and adjudication board, organized by the municipal administrative department for Industry and commerce, is responsible for the review of well-known trademarks.

The personnel composition, qualifications, term of office and review procedures of the well-known trademark review and adjudication board shall be stipulated by the municipal administrative department for industry and commerce and reported to the municipal government for the record.

Article 14 The Well-known Trademark Review and Adjudication Board shall examine and demonstrate the application materials for well-known trademarks, the examination opinions of the municipal administrative department for industry and commerce and other opinions according to the conditions for the recognition of well-known trademarks, and determine whether the registered trademark of the applicant is qualified as a well-known trademark.

When the well-known trademark review and adjudication board reviews well-known trademarks, more than four-fifths of the people present should be present, and more than two-thirds of the people present should vote for it.

Fifteenth city administrative department for Industry and commerce to the well-known trademark review and adjudication board confirmed that there are well-known trademark conditions, to be identified, issued the "Tangshan famous trademark certificate", and announced in the municipal newspaper; If it is not recognized as a well-known trademark, it shall return the application materials and explain the reasons in writing.

Chapter III Protection of Famous Trademarks

Article 16 If other enterprises and individual industrial and commercial households in the same industry or related industries use words identical with or similar to their names and shop names within one year before the date of recognition of well-known trademarks, causing public misunderstanding, the owner of well-known trademarks has the right to apply to the municipal administrative department for industry and commerce for revocation of their enterprise names and shop names within one year from the date of recognition of well-known trademarks. Whether to cancel it or not shall be decided by the municipal administrative department for industry and commerce.

Seventeenth well-known trademarks, since the date of recognition, other enterprises and individual industrial and commercial households in the same industry will use the same or similar words as the name and font size of well-known trademarks, and it is easy to cause public misunderstanding, the administrative department for Industry and Commerce shall not approve the registration.

If other enterprises and individual industrial and commercial households in different industries use the same or similar words as well-known trademarks as their names and shop names, implying that the enterprise or individual industrial and commercial households have some connection with the well-known trademark owners, which may cause damage to the legitimate rights and interests of the well-known trademark owners, the administrative department for industry and commerce shall not approve the registration.

In violation of the provisions of the first two paragraphs of this article, the owner of a well-known trademark has the right to apply to the administrative department for industry and commerce or the municipal administrative department for industry and commerce for cancellation.

Eighteenth in any of the following circumstances, the provisions of the first and second paragraphs of article seventeenth shall not apply:

(1) The words of well-known trademarks are the names of administrative divisions at or above the county level;

(2) The words of well-known trademarks are the names of famous rivers, lakes, mountains and rivers and places of interest in China;

(3) The words of well-known trademarks have other public properties.

Article 19 Without the permission of the owner of a well-known trademark, it is forbidden to use the unique name, packaging and decoration of the goods referred to in the well-known trademark without authorization, or to use the name, packaging and decoration similar to the goods referred to in the well-known trademark.

Chapter IV Administration of Famous Trademarks

Twentieth well-known trademarks are valid for three years from the date of recognition. Within three months before the expiration of the validity period, the owner of a well-known trademark may apply to the county (city, district) administrative department for industry and commerce for extension, and the county (city, district) administrative department for industry and commerce shall recommend it to the municipal administrative department for industry and commerce; Those who do not meet the conditions for renewal of employment shall not be recommended, and the application shall be returned with written reasons. Each extension is valid for three years.

Where a well-known trademark fails to go through the renewal formalities upon its expiration, it shall not continue to use the words "Tangshan well-known trademark".

Twenty-first well-known trademark owners can use the words "Tangshan well-known trademark" in the packaging, decoration, instructions and advertising of the goods referred to in their well-known trademarks.

Commodity producers and operators who have not been recognized as well-known trademarks in Tangshan shall not use the words "well-known trademarks in Tangshan".

Article 22 If the owner of a well-known trademark transfers his well-known trademark according to law, his well-known trademark qualification will be automatically lost.

Twenty-third well-known trademark owners who license others to use their well-known trademarks according to law shall report to the municipal administrative department for industry and commerce for the record within 30 days after signing the trademark use contract. .

Where the owner of a well-known trademark changes its name, address and other registered items according to law, it shall report to the municipal administrative department for industry and commerce for the record within 30 days from the date of change.

Twenty-fourth well-known trademark owners have one of the following acts, the municipal administrative department for Industry and Commerce may order them to correct or revoke their well-known trademarks within a time limit and make an announcement:

(1) Obtaining a well-known trademark by deception or other improper means;

(two) the goods marked with well-known trademarks do not meet the conditions stipulated in Article 7 of these Measures;

(three) the use of well-known trademarks beyond the scope of goods or services approved for use in trademark registration;

(four) other acts in violation of laws, regulations and rules, which seriously affect the reputation of well-known trademarks.

Article 25 Where the qualification of a well-known trademark is revoked, the application for recognition of the well-known trademark will no longer be accepted within two years from the date of announcement.

Twenty-sixth county (city, district) industrial and commercial administrative departments should strengthen the management of well-known trademarks in Tangshan, and regularly check the use of well-known trademarks.

Article 27 The municipal administrative department for industry and commerce shall recommend the "Famous Trademark of Hebei Province" to the provincial administrative department for industry and commerce in the "Famous Trademark of Tangshan City".

Chapter V Legal Liability

Article 28 If anyone violates the provisions of Article 19 of these measures, causing confusion with the goods referred to in well-known trademarks, the municipal or county administrative department for industry and commerce shall order him to stop the illegal act, confiscate the illegal income, and may impose a fine of more than one time but less than three times the illegal income according to the circumstances; If the circumstances are serious, the business license may be revoked according to law; If selling fake and shoddy goods is suspected of committing a crime, it shall be transferred to judicial organs for handling.

Article 29 Anyone who violates the provisions of the second paragraph of Article 20 and the second paragraph of Article 21 of these Measures shall be ordered by the administrative department for industry and commerce of the city or county to stop the illegal act and eliminate the influence, and may be fined between 1 10,000 yuan and 200,000 yuan according to the circumstances.

Thirtieth if a party refuses to accept a specific administrative act, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. If it fails to apply for reconsideration, bring a lawsuit or perform a specific administrative act within the time limit, the organ that made the specific administrative act shall apply to the people's court for compulsory execution.

Thirty-first industrial and commercial administrative personnel in violation of the provisions of article seventeenth of these measures, the unit to which they belong or the administrative department for industry and commerce at a higher level shall order them to make corrections, and criticize and educate those who deliberately refuse to register; If the circumstances are serious, administrative sanctions shall be imposed.

Thirty-second industrial and commercial administrative personnel who exceed their powers, abuse their powers, engage in malpractices for selfish ends or neglect their duties in the identification and protection of well-known trademarks shall be given administrative sanctions according to law; Those suspected of committing a crime shall be transferred to judicial organs for handling.

If a member of the well-known trademark review and adjudication board engages in malpractices for personal gain or accepts bribes when determining the qualification of a well-known trademark, his qualification as a member of the review and adjudication board shall be revoked, and if he is suspected of committing a crime, he shall be transferred to judicial organs for handling.

Chapter VI Supplementary Provisions

Article 33 These Measures shall come into force as of July 20115.