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Regulations on the Recognition and Management of Famous Trademarks in Guangdong Province

Article 1 is to standardize the recognition of famous trademarks in Guangdong Province, protect the legitimate rights and interests of owners, users and consumers of famous trademarks, and promote the improvement of product quality, service quality and trademark reputation, according to the "People's Republic of China "Trademark Law of the People's Republic of China", "Regulations on the Implementation of the Trademark Law of the People's Republic of China" and relevant laws and regulations, and based on the actual conditions of Guangdong Province, these regulations are formulated. Article 2 These regulations shall apply to the identification and management of famous trademarks in Guangdong Province (hereinafter referred to as famous trademarks).

The provisions of these regulations regarding commodity trademarks shall apply to service trademarks. Article 3 The provincial industrial and commercial administration department is responsible for organizing the recognition of famous trademarks.

The industrial and commercial administrative departments at or above the prefecture level are responsible for the acceptance and preliminary review of applications for famous trademark recognition within their respective administrative regions.

The industrial and commercial administrative departments at all levels are responsible for the management of famous trademarks.

The departments of economy and trade, labor security, agriculture, taxation, environmental protection, quality and technical supervision, food and drug supervision, and production safety supervision shall assist in the identification of famous trademarks according to their respective responsibilities.

Relevant social groups and consumer committees shall cooperate in the identification of famous trademarks. Article 4 The identification of famous trademarks shall follow the principles of voluntariness, openness, fairness and impartiality. Article 5 Applications for recognition of famous trademarks shall be submitted voluntarily by the applicant, and shall be announced to the public after review and recognition organized by the provincial industrial and commercial administration department. Article 6 Legal persons, other organizations established in accordance with the law within the administrative region of Guangdong Province, or natural persons with registered residence within the administrative region of Guangdong Province who intend to apply for recognition of their registered trademarks as famous trademarks shall meet the following conditions:

(1) The registered trademark has been used continuously for three years from the date of registration approval and continues to be valid;

(2) The trademark is well known to the relevant public and has a high reputation in the relevant market;

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(3) The goods for which the famous trademark is applied for recognition are of excellent quality and have good reputation; Major economic indicators such as profits and tax payments are in a leading position in the same industry in Guangdong Province, and the sales area is relatively wide;

(5) If you apply for recognition of goods with famous trademarks as export goods, the trademarks should be registered in the relevant countries ( region) and has a wide sales area;

(6) The applicant has not violated laws, regulations, rules and regulations on trademark management, production and operation, labor security, environmental protection, production safety, etc. in the past three years be punished;

(7) The applicant has a sound trademark use, management and protection system. Article 7 To apply for recognition of a famous trademark, one should fill out the "Application Form for Recognition of Famous Trademarks in Guangdong Province" and provide the following materials:

(1) Qualification certificate of the applicant;

(2) ) Apply for the "Trademark Registration Certificate" for recognition of a famous trademark and certification materials for the trademark's continuous use for three years;

(3) Physical photos of the goods with the trademark logo;

( 4) Certification materials for the product sales area where the famous trademark is applied for;

(5) The annual sales volume, operating income, net profit, tax amount, and market share of the goods for which the famous trademark is applied for in the past three years and other supporting materials for major economic indicators. Including: a special audit report issued by an accounting firm on the annual sales volume, operating income and net profit of the product, a tax payment certificate issued by the taxation department, and a ranking (or market share) of the same industry issued by an industry association or industry administrative department at or above the provincial level. rate) certificate;

(6) If applying for recognition of goods with famous trademarks as export goods, the registration status of the trademark in the relevant country (region) should be provided;

(7) Trademark Use, management and protection status;

(8) Infringement of the exclusive rights of the trademark;

(9) Other materials proving the famousness of the trademark. Article 8 If a trademark registrant believes that his registered trademark meets the conditions stipulated in Article 6 of these Measures and plans to apply for famous trademark recognition, he shall submit the application materials to the local industrial and commercial administration department at or above the prefecture level.

Within 30 days from the date of receipt of the application materials, the administrative department for industry and commerce at or above the prefecture level shall conduct a preliminary review of the application materials in accordance with the provisions of Articles 6 and 7 of these Measures and make an acceptance and decision decision. No decision. If it is decided to accept the application, the applicant shall be notified in writing, and the preliminary examination opinions and application materials shall be forwarded to the provincial industrial and commercial administration department within 10 days from the date of the acceptance decision; if the application is decided not to be accepted, the applicant shall be notified in writing and the reasons shall be explained.

If the application materials need to be supplemented or corrected, the applicant shall be notified once and within a time limit to make supplements and corrections. If the applicant fails to make corrections within the time limit, the application will be deemed to have been abandoned. Article 9 If an applicant has objections to the decision of non-acceptance made by the municipal administrative department for industry and commerce at or above the prefecture level, he or she may submit a review application to the provincial administrative department for industry and commerce within 15 days from the date of receipt of the notice.

The provincial industrial and commercial administration department shall make a review decision within 30 days from the date of receipt of the review application. If the objection is established, it will be accepted directly by the provincial industrial and commercial administration department; if the objection is not established, the application will not be accepted and the applicant will be notified in writing and the reasons will be stated. The provincial administrative department for industry and commerce may hold a hearing at the request of the applicant to listen to his statement and defense.