Chapter 1 General Provisions Article 1 In order to standardize the recognition of famous trademarks, protect the legitimate rights and interests of owners, users and consumers of famous trademarks, and promote economic development, in accordance with the "Trademarks of the People's Republic of China and the State" These regulations are formulated in accordance with the provisions of laws and administrative regulations such as the Law and the actual conditions of this province. Article 2 The term “famous trademarks” as mentioned in these Regulations refers to trademarks that are widely known to the relevant public, enjoy a high reputation in the market, and are recognized in accordance with the provisions of these Regulations.
The relevant public includes consumers related to a certain type of goods or services indicated by the trademark and other operators who are closely related to the marketing of such goods or services. Article 3 These regulations apply to the recognition, promotion and protection of famous trademarks within the administrative region of this province. Article 4 The industrial and commercial administrative department is responsible for the organizational identification, management and protection of famous trademarks; other relevant departments and organizations shall perform relevant work according to their respective responsibilities. Article 5 The industrial and commercial administration departments at or above the county level and relevant departments shall provide consultation, guidance, assistance and services to trademark owners in their applications for recognition of famous trademarks, famous trademarks striving to become well-known trademarks, and applications for registered trademarks in accordance with the law. Article 6: Applications for recognition of famous trademarks shall be made on a voluntary basis.
The recognition of famous trademarks should follow the principles of openness, fairness and impartiality. Article 7 People's governments at all levels shall take effective measures to encourage trademark owners to increase trademark visibility, strive to become famous trademarks, and commend and reward those with outstanding achievements. Chapter 2 Application and Recognition Article 8 A trademark owner who meets the following conditions has the right to apply for recognition of a famous trademark: (1) Its trademark is a valid trademark owned by natural persons, legal persons and other organizations in this province, and there is no ownership dispute; ( 2) The trademark has been used continuously for more than three years in accordance with the law; (3) The trademark is widely known to the relevant public; (4) The goods or services using the trademark are reliable, safe and have good market reputation; (5) The trademark is used In the past three years, the main economic indicators such as output, sales volume, market share, profit, and tax payment of our products have taken a leading position in the same industry in the province.
If the products using this trademark are beneficial to protecting the environment and saving resources, they will be given priority in identification. Article 9 To apply for the recognition of a famous trademark, the trademark owner may submit it directly to the provincial industrial and commercial administration department, or to the local municipal or state industrial and commercial administrative department; the municipal or state industrial and commercial administrative department shall receive the application materials for recognition Submit it to the provincial industrial and commercial administration department within 7 days from the date of filing. Article 10 When a trademark owner applies for recognition of a famous trademark, he shall submit an application and relevant materials proving compliance with the conditions specified in Article 8 of these Regulations.
Applicants shall be responsible for the authenticity and legality of the materials submitted. Article 11 The Hubei Provincial Famous Trademark Recognition Committee (hereinafter referred to as the “Recognition Committee”) organized and established by the provincial industrial and commercial administration department is responsible for the recognition of famous trademarks.
The qualifications and terms of office of the members of the accreditation committee, evaluation methods, accreditation procedures, etc. shall be formulated by the provincial industrial and commercial administration department and shall be implemented after approval by the Provincial People's Government. Article 12 The provincial administrative department for industry and commerce shall make a formal review conclusion within 7 days from the date of receipt of application certification materials. If the application fails the review, the applicant shall be notified within 3 days and the reasons shall be explained in writing; if the application passes the review, the applicant shall be submitted to the accreditation committee. Article 13: The Recognition Committee shall conduct a preliminary review twice a year on the famous trademark recognition materials submitted by the provincial industrial and commercial administration department, and conduct a vote on the recognition of famous trademarks. Article 14: If the trademark meets the conditions for famous trademarks after the initial review by the determination committee, the provincial industrial and commercial administration department will issue a preliminary review announcement, and the announcement period is 20 days. During the announcement period, if there is any objection to the preliminary review results and relevant supporting materials are submitted, the provincial industrial and commercial administration department will organize a certification committee to conduct a reexamination.
If the objection is established, the provincial administrative department for industry and commerce will reject the application for recognition; if there is no objection or the objection is not established, the provincial administrative department for industry and commerce will grant the Hubei Province Famous Trademark Certificate and issue a recognition announcement. Article 15: The funds for the evaluation, recognition and announcement of famous trademarks shall be guaranteed by the provincial finance, and no fees shall be charged to any unit or individual.
Article 16 The validity period of a famous trademark is five years, calculated from the date of publication of the recognition announcement. After the validity period expires, you must reapply for recognition. Chapter 3 Use, Promotion and Protection Article 17 The owner of a famous trademark may use the famous trademark on the goods approved by the famous trademark and its packaging, decoration, manuals, advertisements or places, decorations, service facilities, appliances and other carriers where services are provided. The words and logo of "Famous Trademark of Hubei Province". Article 18 The owner of a famous trademark may apply to the provincial industrial and commercial administration department in accordance with the law for a company name bearing the word "Hubei", or use the words of the famous trademark as the company name. Article 19 The Provincial People's Government shall allocate special funds to focus on supporting, cultivating and developing famous trademarks, and reward trademark owners who have been recognized as famous trademarks; apply for registration of rural planters and breeders, agricultural product production and processing enterprises, farmers' professional cooperatives, etc. Appropriate subsidies will be given to agricultural product trademarks and those applying for registration of famous trademarks.
City, state, county (city, district) people's governments should set up special funds to reward trademark owners who are recognized as famous trademarks; and reward those who have made outstanding achievements and achieved good benefits in international trademark registration work , to reward the legal representative of the enterprise.