Chapter 1 General Provisions Article 1 In order to standardize the recognition of famous trademarks in Shenyang City, protect the legitimate rights and interests of owners of famous trademarks in Shenyang City, and promote economic development, in accordance with the Trademark Law of the People's Republic of China These measures are formulated in accordance with the provisions of relevant laws and regulations such as the Implementation Regulations of the Trademark Law of the People's Republic of China and the actual conditions of this city. Article 2 These Measures apply to the identification, protection and management of Shenyang’s famous trademarks within the administrative region of this city.
The term "Shenyang famous trademarks" as mentioned in these Measures refers to registered trademarks that enjoy high credibility in the market and are well-known by the relevant public. Including product trademarks and service marks. Article 3 The municipal administrative department for industry and commerce is responsible for the identification and protection of famous trademarks in Shenyang City.
Quality and technical supervision, national taxation, local taxation, customs, food and drug supervision, intellectual property and other management departments and relevant industry associations should do a good job in the identification and protection of Shenyang's famous trademarks according to the division of responsibilities. Article 4 The identification of famous trademarks in Shenyang City follows the principles of voluntariness, openness, fairness and impartiality. Article 5 The municipal, district, county (city) people's governments shall encourage trademark owners to create and apply for Shenyang famous trademarks, and commend and reward units and individuals with outstanding achievements. Chapter 2 Recognition of Famous Trademarks in Shenyang City Article 6 Applications for recognition of famous trademarks in Shenyang City shall meet the following conditions:
(1) The applicant is the owner of the registered trademark and is an enterprise registered in this city in accordance with the law. , public institutions, social groups, individual industrial and commercial households;
(2) The trademark has been used continuously for more than one year from the date of registration approval, and there is no ownership dispute;
( 3) The goods using the trademark meet international or domestic advanced quality standards, with stable quality and good after-sales service;
(4) The goods or services using the trademark have high visibility and good reputation in the market ;
(5) The output, sales volume, tax amount, market share, market coverage and other major economic indicators of the goods or services using the trademark are among the best in the same industry in the city;
(6) The applicant has strict trademark use, management and protection systems in production and business activities;
(7) The applicant has not infringed on the exclusive rights of others to register trademarks. Article 7 To apply for recognition of Shenyang Famous Trademarks, one must fill out the Shenyang Famous Trademark Application Form and submit the following certification materials to the local regional, county (city) industrial and commercial administration department:
(1) "Business Administration" License" or subject qualification certificate;
(2) "Trademark Registration Certificate" and proof of change, renewal, and transfer;
(3) The pattern of the registered trademark applied for recognition and the actual trademark Use drawings;
(4) The output, sales, tax amount, market share, market coverage and other major economic indicators of the goods or services using the trademark in the past three years and the results in the same industry in this city The ranking of the trademark or other materials that can prove the famousness of the trademark;
(5) Written materials on the trademark use management and protection system, including explanatory materials on internal management, staffing and system construction.
The applicant shall submit two copies of application materials and one electronic text material. Application materials must be true and must not be fraudulent. Article 8 If the applicant believes that its trademark complies with the provisions of Article 6 of these Measures, it may apply to the local regional or county (city) industrial and commercial administrative department for recognition of a famous trademark. The district, county (city) administrative department for industry and commerce shall complete the preliminary review within 15 working days from the date of accepting the application for recognition of Shenyang famous trademarks, and submit the application materials together with the application materials to the municipal administrative department for industry and commerce if they meet the conditions for recognition; If the application materials do not meet the conditions for recognition of Shenyang famous trademarks, the application materials shall be returned and the applicant shall be informed in writing of the reasons for disapproval of recognition. Article 9 The municipal administrative department for industry and commerce shall review the materials submitted by the applicant and seek opinions from the municipal quality and technical supervision, national taxation, local taxation, customs, food and drug supervision, intellectual property and other management departments and relevant industry associations. Within 3 months Make a decision on whether to recognize or not to recognize it.
For recognized Shenyang famous trademarks, a Shenyang famous trademark certificate and plaque will be issued, and announced in major municipal media. Article 10 Shenyang famous trademarks shall be valid for 3 years from the date of announcement. If it is necessary to continue the recognition after the expiration of the validity period, after review by the Municipal Administration for Industry and Commerce, if the conditions for Shenyang Famous Trademarks are met, the Municipal Administration for Industry and Commerce shall approve the extension and make an announcement; for those who do not meet the conditions for recognition of Shenyang Famous Trademarks, the applicant shall be informed in writing Reasons for non-continuation. Chapter 3 Protection of Famous Trademarks in Shenyang City Article 11 The owners and users of famous trademarks in Shenyang City may use their registered trademarks in the packaging, decoration, instructions, advertising, exhibitions and other commercial activities of the goods or services approved for use. Use the words "Shenyang Famous Trademark".
No unit or individual may use the words "Shenyang Famous Trademark" without legal recognition. Article 12 From the date of the announcement of Shenyang Famous Trademarks, the same industry shall not use the same or similar words as the Shenyang Famous Trademarks as company names or trade names, except for special regulations and circumstances. Article 13 For "Shenyang Famous Trademarks" recognized in accordance with the law, the municipal administrative department for industry and commerce may recommend the best ones to the provincial and national administrative departments for industry and commerce for recognition as "Liaoning Province Famous Trademarks" and "China's Well-known Trademarks".