The term "well-known trademark" as mentioned in these Measures refers to a registered trademark owned or used by a natural person, legal person or other organization within the administrative area of this Municipality, which enjoys a high reputation and is known to the relevant public and recognized in accordance with these Measures. Article 3 Xuzhou Administration for Industry and Commerce shall be responsible for the identification and management of well-known trademarks.
relevant trade organizations should guide and encourage business operators to register trademarks, implement trademark strategies and cultivate well-known trademarks. Article 4 People's governments at all levels shall strengthen their leadership in trademark management and establish and improve the incentive mechanism for well-known trademarks. Article 5 The identification of well-known trademarks shall follow the principles of voluntariness, openness, fairness and impartiality, and no fees shall be charged to enterprises or financial assistance shall be accepted. Article 6 To apply for a well-known trademark, the following conditions shall be met:
(1) The applicant is an operator who has valid and uncontroversial ownership or right to use a registered trademark within the administrative area of this Municipality;
(2) The trademark has a high popularity among the relevant public, or the goods using the trademark have a high market share, and the main economic indicators such as sales and tax payment in the past three years are among the top in the same industry in this Municipality;
(3) The trademark has been continuously used for 3 years from the date of approval and registration;
(4) The quality of the goods using the trademark meets the standards and the after-sales service is standardized, and there have been no effective major complaints in recent 3 years;
(5) If the applicant is a legal person or other organization, it shall have a sound management system and management organization;
(6) The applicant has not infringed upon the exclusive right to use a registered trademark of others or engaged in other serious illegal business activities in the past three years.
trademarks used for commodities with a long history, social recognition and characteristics of this municipality may not be restricted by the conditions in items (2) and (3) of the preceding paragraph. Article 7 to apply for the recognition of a well-known trademark, the following materials shall be submitted:
(1) an application for the recognition of a well-known trademark;
(2) the applicant's qualification certificate;
(3) proof of trademark ownership;
(4) certification materials for the use of the trademark;
(5) annual financial audit reports for the last three years;
(6) relevant materials to prove the market reputation of the trademark;
(7) certificate of product quality inspection in recent 3 years;
(8) materials such as trademark management institutions and management systems;
(9) Other relevant certification materials. Article 8 procedures for the identification of well-known trademarks:
(1) the applicant submits a written application to the local county-level administrative department for industry and commerce and submits relevant materials;
(2) The administrative department for industry and commerce at the county level conducts a preliminary examination of the application materials. Meet the conditions, reported to the administrative department for Industry and Commerce of Xuzhou City; If it does not meet the requirements, it shall inform the applicant in writing. If it is found that it does not meet the requirements after two preliminary examinations, the applicant may apply to Xuzhou Administration for Industry and Commerce. The administrative department for industry and commerce at the county level and the applicant shall submit the application materials to the administrative department for industry and commerce of Xuzhou before June 3 each year.
(3) Xuzhou Administration for Industry and Commerce examines the application materials and solicits opinions from relevant departments, trade associations, experts, scholars and social organizations;
(4) those who meet the requirements after review shall be publicized for 3 days. During the publicity period, if there is no objection or the objection is not established, the administrative department for industry and commerce of Xuzhou Municipality will issue a notice of confirmation and issue the Certificate of Famous Trademark of Xuzhou City; Do not meet the conditions, shall not be identified, and inform the reasons in writing. Article 9 Well-known trademarks are recognized once a year, and the validity period is 3 years, counting from the date of recognition. If it is necessary to continue to identify the trademark upon expiration, the owner of the well-known trademark shall apply for renewal of the identification six months before the expiration of the validity period; If the application is not made within the specified time or the application is not passed, the words "Xuzhou Famous Trademark" shall not be used. Article 1 During the period of validity of well-known trademarks, the owners and users of well-known trademarks
can use the words "Xuzhou well-known trademarks" in the packaging, decoration, instructions, trading documents, advertising, exhibitions and other business activities of the approved goods. Eleventh Xuzhou City Administration for Industry and Commerce gives priority to recommend well-known trademarks as well-known trademarks in Jiangsu Province. Article 12 A well-known trademark shall be protected as follows within the period of validity:
(1) No unit or individual may use the same or similar words as trademarks or enterprise names of the same or similar goods without authorization. However, the words of the well-known trademark are rivers, lakes, mountains and rivers, places of historic interest and unique regions or the names of animals and plants;
(2) No unit or individual is allowed to use the unique name, packaging and decoration of well-known trademark goods or its similar name, packaging and decoration without authorization;
(3) No unit or individual may damage the reputation of well-known trademarks by uglification or slander.
(4) Other protective measures stipulated by laws, regulations and rules.