Article 2 The term "famous trademark" as mentioned in these Measures refers to a registered trademark that enjoys a high reputation within the administrative region of this province, is well known to the relevant public, and has been recognized in accordance with these Measures.
Article 3 These Measures shall apply to the identification and protection of famous trademarks.
Article 4 The provincial administrative department for industry and commerce shall be responsible for the identification and protection of famous trademarks; The administrative departments for industry and commerce of cities and counties (cities, districts) with districts shall assist the provincial administrative departments for industry and commerce in the identification and protection of famous trademarks.
Other departments shall do relevant work according to their respective responsibilities.
Article 5 The identification and protection of famous trademarks shall follow the principles of openness, justice, fairness, voluntary application and special protection.
Article 6 A famous trademark shall meet the following conditions:
(a) the trademark is a registered trademark in China, and the domicile of the trademark owner or the origin of the goods referred to in the trademark is within the administrative region of this province;
(2) The trademark has been used in accordance with the law for three consecutive years since the date of approval and registration, and its ownership is undisputed;
(three) the goods referred to in this trademark have excellent quality and after-sales service among similar goods in this province, and have high visibility and good reputation among the relevant public;
(four) the main economic indicators such as the output, sales, tax payment and market share of the goods referred to in the trademark in the past three years are in a leading position among similar goods in this province, and have a wider sales area;
(5) The trademark owner 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;
(6) Trademark owners and users have strict rules on the use, management and protection of trademarks.
Article 7 To apply for the recognition of a famous trademark, the following materials shall be submitted:
(a) the application form for the identification of famous trademarks;
(2) A copy of the applicant's qualification certificate;
(3) A copy of the trademark registration certificate and the certificate of change, renewal and transfer;
(four) the use, management and protection of trademarks;
(5) Infringement of the exclusive right to use a trademark;
(6) Advertisements of the trademark or the goods referred to in the trademark in the last three years;
(seven) the main economic indicators such as the output, sales, tax payment, market share and other major economic indicators of the goods referred to in the trademark issued by the competent department of industry at or above the provincial level or the industry association, and their rankings in the same industry in the province and at home;
(eight) the quality certificate of the goods referred to in the trademark issued by the relevant departments;
(nine) the business situation and sales area of the goods referred to in the trademark;
(10) Other materials that prove that the trademark is famous.
Article 8 An applicant may submit application materials to the municipal administrative department for industry and commerce located in the district or directly to the provincial administrative department for industry and commerce.
The municipal administrative department for industry and commerce with districts shall transfer the application materials to the provincial administrative department for industry and commerce within 10 days from the date of receiving the application materials.
Article 9 The provincial administrative department for industry and commerce shall, within 30 days from the date of receiving the application materials, make a preliminary examination of the application materials in accordance with the provisions of Articles 6 and 7 of these Measures, and make a decision on whether to accept or not to accept them. If it decides to accept it, it shall notify the applicant in writing; If it decides not to accept the application, it shall return the application materials to the applicant and explain in writing the reasons for rejection.
If the application materials need to be corrected, it shall notify the applicant in writing at one time to make corrections within a time limit; If no correction is made within the time limit, the application shall be deemed to have been abandoned.
Tenth decided to accept, the provincial administrative department for Industry and Commerce shall publish a notice of preliminary examination of famous trademarks in the main news media of this province. Within 30 days from the date of the announcement of the preliminary examination, any unit or individual may raise an objection.
Eleventh provincial administrative department for Industry and commerce shall examine the authenticity and legality of the application materials, and put forward written examination opinions. When auditing, the opinions of relevant industry authorities, industry associations and consumer rights protection organizations shall be sought; When necessary, you can entrust the relevant agencies to investigate.
Relevant industry authorities, industry associations and consumer rights protection organizations shall truthfully provide written opinions to the provincial administrative department for industry and commerce.
Article 12 The provincial administrative department for industry and commerce shall organize the establishment of a famous trademark recognition committee. The accreditation committee consists of not less than 30 experts in economy, law, science and technology and related industries, and shall be submitted to the provincial people's government for the record. The director of the accreditation committee shall be the main person in charge of the provincial administrative department for industry and commerce.
Thirteenth each time a famous trademark is recognized, the provincial administrative department for Industry and Commerce shall, according to the categories and characteristics of the goods referred to in the trademark, determine the singular number of 17 or more from the recognition committee to form a famous trademark recognition group.
The evaluation team shall objectively and fairly evaluate and identify famous trademarks according to the application materials, the audit opinions of the provincial administrative department for industry and commerce and other opinions.
Article 14 Where a trademark is recognized as a famous trademark, it shall be voted by all members of the recognition group by secret ballot, and it shall be passed by a majority of more than two thirds.
Members of the review team shall not entrust others to review or vote on their behalf.
Fifteenth members of the evaluation committee and other staff involved in the evaluation of famous trademarks have an interest or other relationship with the applicant, which may affect the impartial evaluation, and should be avoided.
If the applicant or interested party thinks that the members of the Certification Committee and other personnel involved in the evaluation and certification of famous trademarks should be avoided, they may submit it to the provincial administrative department for industry and commerce in written or oral form.
The withdrawal of members of the Certification Committee and other persons who participate in the evaluation and certification of famous trademarks shall be decided by the main person in charge of the provincial administrative department for industry and commerce.
Sixteenth recognized famous trademarks, famous trademark certificates issued by the provincial administrative department for Industry and commerce, and published in the main news media in the province; If it is not approved, it shall notify the applicant in writing.
The goods referred to by famous trademarks are regarded as well-known goods.
Article 17 Owners and users of famous trademarks must use famous trademarks on commodities approved according to law, and may not expand the scope of use without authorization.
The owner and user of a famous trademark shall guarantee the quality of the goods using the famous trademark.
Article 18 A famous trademark shall be valid for three years, counting from the date of announcement.
3 months before the expiration of the validity period, the owner of a famous trademark may apply to the provincial administrative department for industry and commerce for renewal. Those who meet the conditions stipulated in Article 6 of these Measures shall be confirmed and announced by the provincial administrative department for industry and commerce. Each renewal is valid for 3 years.
Article 19 Where the owner of a famous trademark changes the name, address or other registered items of the registrant, or authorizes others to use his famous trademark according to law, he shall report to the provincial administrative department for industry and commerce for the record within 30 days from the date of changing the registration or signing a license contract for the use of famous trademarks.
Anyone who uses another person's famous trademark with legal permission must indicate the name of the licensee and the origin of the goods using the famous trademark. The owner of a famous trademark shall supervise the quality of the goods in which the licensee uses the famous trademark.
Article 20 From the date of announcement, the owners and users of famous trademarks may use the words "Shandong Famous Trademark" in their approved commodities and their packaging, decoration, brochures, business letters, advertising, exhibitions and other business activities.
No one may use the words "Shandong Famous Trademark" without the legal recognition or permission of the owner of the famous trademark.
Twenty-first, on the same kind of goods referred to by well-known trademarks, others may not commit the following acts:
(a) the use of words, graphics, letters, numbers, three-dimensional signs and color combinations identical with or similar to famous trademarks, as well as the combination of the above elements as commodity names, packaging, decoration or unregistered trademarks, may cause misunderstanding among the relevant public;
(2) Using the unique or similar name, packaging and decoration of the goods referred to in the famous trademark may cause misunderstanding among the relevant public.
Article 22 Where the use of words, graphics, letters, numbers, three-dimensional signs, color combinations and combinations of the above elements as the product name, packaging, decoration or unregistered trademarks that are different from or similar to the goods referred to by famous trademarks may cause misunderstanding among the relevant public, the owners and users of famous trademarks may request the administrative department for industry and commerce to stop it.
Twenty-third others use the same or similar words as the famous trademark as the name and font size of the enterprise, which may cause damage to the rights and interests of the famous trademark, and the administrative department for industry and commerce shall not register it. However, unless the enterprise name and font size are registered first.
Twenty-fourth within the administrative area of this province, the owners and users of famous trademarks may request help from the provincial administrative department for industry and commerce. The provincial administrative department for industry and commerce shall assist in solving the problem.
Article 25 The owner of a famous trademark may transfer his trademark according to law. After accepting the trademark according to law, the transferee needs to continue to use the trademark as a famous trademark, and shall re-apply for recognition in accordance with the provisions of these Measures.
Twenty-sixth in any of the following circumstances, the provincial administrative department for Industry and Commerce shall revoke its famous trademark and make an announcement:
(1) Obtaining a famous trademark by fraudulent means such as providing false documents and materials;
(2) During the period of validity of a famous trademark, the quality and after-sales service of the goods referred to by the famous trademark are poor, or its output, sales, tax payment, market share and other major economic indicators have seriously declined;
(three) beyond the approved scope of use, ordered to make corrections within a time limit and refused to make corrections;
(4) Failing to apply for extension within the time limit, or failing to meet the conditions stipulated in Article 6 of these Measures after examination;
(five) other serious violations of the provisions on the administration of trademark use.
Where the owner or user of a famous trademark is under the circumstances mentioned in Item (1) of the preceding paragraph, the provincial administrative department for industry and commerce will no longer accept its application for recognition within 3 years from the date of revocation of the announcement.
Twenty-seventh provincial administrative departments for Industry and Commerce shall organize the evaluation and identification of famous trademarks, and shall not charge the applicant or charge any other fees in disguised form except for the evaluation fee and announcement fee according to the regulations.
The specific standards for evaluation fees and announcement fees shall be determined by the provincial price department in conjunction with the financial department.
Twenty-eighth in violation of these measures, one of the following acts shall be punished by the provincial administrative department for Industry and commerce in accordance with the following provisions:
(1) If the owner of a famous trademark fails to file the case according to the provisions after changing the registration or signing a license contract for the use of a famous trademark, he shall be given a warning and ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of 1000 yuan shall be imposed;
(2) Those who use the words "Shandong Famous Trademark" without the legal recognition or permission of the owner of the famous trademark shall be ordered to make corrections, their trademark marks shall be confiscated, and a fine ranging from 5,000 yuan to 20,000 yuan shall be imposed depending on the seriousness of the case;
(3) If the owner or user of a famous trademark expands the approved scope of use of the goods referred to in the famous trademark without authorization, it shall be ordered to make corrections, and a fine ranging from 1000 yuan to 30,000 yuan shall be imposed according to the seriousness of the case;
(4) Where a famous trademark is obtained by fraudulent means such as providing false documents and materials, the instructions, packaging and decoration of the illegally produced products shall be confiscated, and a fine of more than 1000 yuan and less than 1000 yuan shall be imposed according to the seriousness of the case.
Article 29 Anyone who violates these measures and infringes on the exclusive right of the owner of a famous trademark, or whose product identification does not meet the specified requirements in the process of using a famous trademark, or whose product is shoddy and deceives consumers, shall be punished by the administrative department for industry and commerce at or above the county level or other relevant departments in accordance with the provisions of laws and regulations such as the Trademark Law of People's Republic of China (PRC) and the Anti-Unfair Competition Law of People's Republic of China (PRC).
Thirtieth industrial and commercial administrative departments and their staff in any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Organizing the evaluation and identification of famous trademarks in violation of legal procedures;
(2) Failing to perform the duties of protecting famous trademarks according to law;
(3) illegally charging fees to the applicant;
(four) other acts of abuse of power, favoritism, resulting in serious consequences.
Article 31 Where a member of the well-known trademark recognition committee practices fraud or engages in malpractices for personal gain in the evaluation and recognition of well-known trademarks, resulting in serious inaccuracies in the recognition results of well-known trademarks, the provincial administrative department for industry and commerce shall revoke its membership, and the unit to which it belongs or the supervisory organ shall give administrative sanctions according to law.
Article 32 The specific identification standards of famous trademarks and the qualifications, term of office, specific identification procedures and rules of members of the identification committee shall be formulated by the provincial administrative department for industry and commerce jointly with relevant departments, and promulgated for implementation after being submitted to the provincial people's government for approval.
Article 33 The provisions on commodity trademarks in these Measures shall apply to service trademarks, certification trademarks and collective trademarks.
Article 34 These Measures shall come into force as of April 6, 2006.