the recognition of famous trademarks should follow the principles of openness, justice and fairness. Article 7 To apply for the recognition of a famous trademark, the following conditions shall be met:
(1) The trademark owner is an enterprise, institution and individual industrial and commercial household legally established in this province;
(2) The registered trademark has been actually used for more than 3 years and the ownership of the trademark is uncontroversial;
(3) The market coverage and market share of commodities using the trademark are among the highest among similar products in the province;
(4) The main economic indicators (sales, profits and taxes, export volume, foreign exchange earnings, etc.) of the goods using the trademark have been in the leading position in the same industry in the province;
(5) The trademark has a high degree of recognition among the relevant public;
(6) The quality of goods using the trademark is stable and reliable, and it has a high market reputation. Article 8 A trademark registrant applying for the recognition of a famous trademark shall submit the following documents to the local municipal or county people's government and the administrative department for industry and commerce:
(1) an application form for the recognition of a famous trademark;
(2) business license;
(3) trademark registration certificate;
(4) written materials that meet the requirements of Article 7 of these Measures in the first three years from the date of application. Article 9 The administrative department for industry and commerce of the people's government of the city or county shall conduct preliminary examination within 3 days from the date of receiving the application documents, and report to the administrative department for industry and commerce of the provincial people's government step by step if it meets the conditions for the recognition of famous trademarks; If it does not meet the requirements for the recognition of famous trademarks, it shall inform the applicant and explain the reasons.
the administrative department for industry and commerce of the provincial people's government shall put forward audit opinions within 3 days from the date of receiving the application documents. In line with the conditions for the identification of famous trademarks, it shall be submitted to the Provincial Famous Trademark Review and Adjudication Board for review; If it does not meet the requirements for the recognition of famous trademarks, it shall inform the applicant and explain the reasons. Article 1 The Provincial Famous Trademark Review and Adjudication Board is composed of the administrative department for industry and commerce of the provincial people's government in conjunction with the relevant departments of economy and trade, technical supervision, taxation, trade associations, consumer associations and other units, and is responsible for the review of famous trademarks in accordance with the principles of openness, justice and fairness. The relevant departments and units shall assign impartial, honest and highly professional personnel to participate in the review.
the specific procedures for the evaluation of famous trademarks shall be formulated by the administrative department for industry and commerce of the provincial people's government and implemented after being submitted to the provincial people's government for approval. Article 11 The Provincial Famous Trademark Review and Adjudication Board shall examine and demonstrate the famous trademark identification materials submitted by the administrative department for industry and commerce of the provincial people's government in accordance with the conditions for the identification of famous trademarks, and make a review and vote. Twelfth provincial famous trademark review and adjudication board to confirm the qualification of famous trademarks, must be approved by more than two thirds of the members of the review and adjudication board. Thirteenth by the provincial famous trademark review and adjudication board review and approval of famous trademarks, by the administrative department for Industry and Commerce of the provincial people's government issued a review announcement, the announcement period is 3 days. During the announcement period, if there is any objection to the evaluation of a famous trademark, it shall be reviewed by the Provincial Famous Trademark Review and Adjudication Board. If the objection is established, the application for recognition of a famous trademark shall be rejected; If the objection is not established or there is no objection, the administrative department for industry and commerce of the provincial people's government shall, after examination, issue the trademark owner the Anhui Famous Trademark Certificate and make an announcement. Article 14 In case of any of the following circumstances in the process of identifying famous trademarks, the Anhui Famous Trademark Certificate shall not be issued:
(1) It has not been reviewed and approved by the review committee;
(2) The applicant practices fraud;
(3) the staff of the administrative department for industry and commerce and the members of the provincial famous trademark review and adjudication board have engaged in malpractices for personal gain in the work of recommendation, review and determination;
(4) violating the review procedures. Fifteenth famous trademark qualification is valid for four years, counting from the date of announcement. If it is necessary to continue to use it at the expiration, it shall directly apply to the administrative department for industry and commerce of the provincial people's government for extension 3 months before the expiration; If it fails to apply for renewal within the time limit, the qualification of the famous trademark will be invalid. Article 16 The owner of a famous trademark may use the word "Anhui" in the name of an enterprise according to law, or use the famous trademark as the name of the enterprise. Article 17 The owner of a famous trademark may use the words "Anhui Famous Trademark" and the logo on the goods approved for use by the registered trademark, as well as the packaging, decoration, instructions and advertisements.
No other unit or individual may use the words "Anhui Famous Trademark" or logo on commodities and their packaging, decoration, brochures and advertisements. Article 18 In case of any of the following acts, the owner of a famous trademark has the right to request the administrative department for industry and commerce to handle it according to law:
(1) others use words or graphics identical or similar to the famous trademark as unregistered trademarks;
(2) others use the same or similar words and graphics as the name and decoration of the goods in the same or similar goods, which is enough to cause misunderstanding;
(3) others use words identical with or similar to famous trademarks as enterprise names or shop names, which confuses market participants and the sources of their goods or services, thus constituting unfair competition.
after receiving the request, the administrative department for industry and commerce shall promptly handle it according to law.