Article 1 is to standardize the recognition of famous trademarks in Jiangsu Province, protect the legitimate rights and interests of famous trademark owners in Jiangsu Province, improve the popularity and market competitiveness of the province's products, and promote economic development, according to the "People's Republic of China" The Trademark Law of the People's Republic of China, the Implementing Rules of the Trademark Law of the People's Republic of China and other relevant laws and regulations have been formulated based on the actual conditions of this province. Article 2 The famous trademarks of Jiangsu Province as mentioned in these Measures refer to registered trademarks that enjoy a high reputation in the market, are well known to the relevant public, and have been recognized by the provincial industrial and commercial administration department in accordance with these Measures.
Famous trademarks in Jiangsu Province are limited to recognized registered trademarks and the products approved for use. Article 3 These Measures shall apply to the identification and protection of famous trademarks in Jiangsu Province.
The provisions of these Measures regarding commodity trademarks shall apply to service trademarks. Article 4 The provincial industrial and commercial administration department is responsible for the identification and management of famous trademarks in Jiangsu Province.
Other organizations and individuals may not identify or adopt other methods to identify famous trademarks in Jiangsu Province in disguised form. Article 5 The recognition of famous trademarks in Jiangsu Province shall be based on the principles of fairness, impartiality and openness. Article 6: Recognition of famous trademarks in Jiangsu Province shall be subject to voluntary application by trademark registrants.
Applying for the recognition of a famous trademark in Jiangsu Province must meet the following conditions:
(1) The trademark is a domestic registered trademark, and the trademark registrant’s domicile is within the province;
(2) The market coverage and share of the goods using the trademark are among the top in the same industry in the province;
(3) The sales, profits and taxes, or export earnings of the goods using the trademark in the past three years and other major economic indicators are leading in the same industry in the province;
(4) The trademark has a high degree of awareness among the relevant public and can focus on advertising of the trademark;
(5) The trademark of exported goods should be registered in the major exporting country (region). The sales volume of the goods using the trademark is large or the sales area is wide;
(6) The quality of the goods using the trademark It meets international standards or advanced domestic and foreign standards, has clear repair, replacement, and return methods, and has a low consumer complaint rate;
(7) There has been no infringement of the exclusive rights of others’ registered trademarks, and it has a strong reputation Awareness of trademark self-protection and strict trademark use management system;
(8) No other violations of trademark laws, regulations and rules have occurred. Article 7 If a trademark registrant believes that its registered trademark meets the conditions listed in paragraph 2 of Article 6 of these Measures, it may apply to the provincial industrial and commercial administrative department through the industrial and commercial administrative department of the districted city or county where it is located. Article 8 To apply for recognition of a famous trademark in Jiangsu Province, one should fill out the "Application Form for Recognition of Famous Trademarks in Jiangsu Province" and provide relevant supporting materials in accordance with the conditions stipulated in paragraph 2 of Article 6 of these Measures. The certification materials must be authentic and reliable, and the source must be indicated. Article 9 The administrative department for industry and commerce of a city divided into districts or a county shall, within fifteen days from the date of receipt of the application and relevant certification materials submitted by the applicant, submit the relevant materials to the provincial administrative department for industry and commerce (the county administrative department for industry and commerce shall, through the establishment of the administrative department of industry and commerce, (Reported to the district’s municipal industrial and commercial administration department). The provincial administrative department for industry and commerce shall review the relevant materials within thirty days. If the conditions are met, the application shall be accepted; if the conditions are not met, the application and certification materials shall be returned and the reasons shall be explained. If the application is accepted or not accepted, a written notice shall be issued to the applicant.
If the application documents are basically complete, but need to be supplemented and corrected, the provincial industrial and commercial administration department shall notify the applicant to make supplements and corrections according to the specified content within a time limit. If no correction is made within the time limit, the application materials will be returned. Article 10 After accepting the application, the provincial administrative department for industry and commerce shall conduct investigation and demonstration in accordance with the conditions listed in paragraph 2 of Article 6 of these Measures, and solicit opinions from relevant regions, departments, industry organizations and social groups. Within three months The decision to recognize or disapprove may be extended by one month under special circumstances. Article 11 Those who meet the conditions for famous trademarks in Jiangsu Province will be recognized, and the provincial industrial and commercial administration department will issue a "Jiangsu Province Famous Trademark Certificate" and make an announcement; those who do not meet the conditions will not be recognized and the applicant will be notified in writing. , and explain the reasons. Article 12 The owner of a famous trademark in Jiangsu Province may use the words "Famous Trademark in Jiangsu Province" on the packaging, decoration, instructions, transaction documents, or in advertising, exhibitions, and other business activities of the goods and products approved for use, and shall also indicate Determination of validity period.
Article 13 Once a famous trademark in Jiangsu Province is recognized, its trademark exclusive rights will be protected as follows within the province:
(1) From the date of announcement of the famous trademark, others will use the same or identical trademark as the famous trademark. If similar words are used as the trade name of an enterprise that produces the same or similar products, and may cause misunderstanding by the public, the industrial and commercial administration department will not approve the registration.
(2) No unit or individual may use the unique name, packaging, decoration or similar names, packaging, decoration of goods recognized as Jiangsu Province famous trademarks without authorization to cause confusion and cause buyers to misunderstand. recognize.
(3) No unit or individual may defame or disparage the famous trademarks of Jiangsu Province in any way.
(4) Other protective measures stipulated in laws, regulations and rules. Article 14 The validity period of famous trademarks in Jiangsu Province is three years, starting from the date of announcement. Three months before expiration, the owner of the famous trademark must resubmit an application for recognition.