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Measures for the Recognition and Protection of Famous Trademarks in Hunan Province

Article 1: To standardize the recognition of famous trademarks, protect the legitimate rights and interests of famous trademark owners, and promote economic development. These measures are formulated in accordance with relevant national regulations and in conjunction with the actual conditions of this province. Article 2 The industrial and commercial administrative department is responsible for the identification and protection of famous trademarks. Article 3 The determination of famous trademarks shall follow the principles of openness, fairness and impartiality. Article 4 A famous trademark shall meet the following conditions:

(1) The trademark has been registered for three years (the trademark for high-tech goods has been registered for one year);

(2) The use of the trademark The goods with the trademark have a high reputation in the domestic and foreign markets;

(3) The sales volume, profits and taxes, market share and other major economic indicators of the goods using the trademark have been in the province or the same country in the past three years. Leading in the industry;

(4) The products using this trademark are of excellent quality. Article 5 Applications for recognition of famous trademarks shall be made on a voluntary basis.

If the owners of registered trademarks in this province believe that their registered trademarks meet the conditions stipulated in Article 4 of these Measures, they may apply for recognition of famous trademarks.

Manufacturing enterprises established in our province are allowed to use the registered trademarks of owners of registered trademarks outside the province, and if they meet the conditions stipulated in Article 4 of these Measures, they can also apply for recognition of famous trademarks. Article 6 To apply for recognition of a famous trademark, the applicant must apply to the provincial industrial and commercial administration department and provide the following materials: (1) A copy of the business license or other qualification certificate;

(2) A copy of the "Trademark Registration Certificate";

(3) The major economic indicators such as sales, profits and taxes, and market share of goods using the trademark have been among the best in the province or the same industry in China in the past three years. Leading certification materials;

(4) Certification materials for the sales area of ??goods using the trademark;

(5) Quality certificates for the goods using the trademark. Article 7: After receiving the application, the provincial administrative department for industry and commerce shall review and verify the submitted certification materials. If it meets the conditions for a famous trademark, it will be recognized as a famous trademark and announced; if it does not meet the conditions for a famous trademark, it will not be recognized, but the applicant shall be notified in writing and the reasons shall be explained.

When identifying famous trademarks, the provincial administrative department for industry and commerce shall seek input from quality and technical supervision departments, industry authorities, industry associations, consumer committees and other units as well as the municipal and state administrative departments for industry and commerce where the applicant is located. Opinion.

The determination of a famous trademark shall be decided through collective discussion by the person in charge of the provincial industrial and commercial administration department.

The recognition of famous trademarks generally occurs once a year. Article 8 The validity period of a famous trademark is 3 years, starting from the date of announcement. If a famous trademark has expired and needs to retain its famous trademark qualification, it must reapply for recognition within one month before expiration. Article 9 When a famous trademark is recognized, no other fees shall be charged from the applicant except the review fee and announcement fee as required. The standards for evaluation fees and announcement fees shall be determined by the provincial price department. Article 10 Famous trademarks shall commence from the date of announcement. If others in the same industry use the same words of the famous trademark as part of the company name or as a trade name, which may cause misunderstanding by the public, the industrial and commercial administration department will not approve the registration; if it has been registered, the owner of the famous trademark may know or Within two years from the date it should be known. Request the industrial and commercial administration department to revoke it. Article 11 If another person uses the same or similar words or graphics as a famous trademark as a trade name or decoration on non-similar goods, or uses it as an unregistered trademark, it is enough to cause consumers to mistakenly believe that the goods have some connection with the owner of the famous trademark. , which damages the rights and interests of the owner of a famous trademark, the industrial and commercial administrative department shall deal with it in accordance with the provisions of Article 16 of these Measures. Article 12 The owner of a famous trademark may use the "Hunan Province Famous Trademark" logo on the goods and their packaging, decoration, instructions, and advertisements approved for use by the famous trademark registration.

If it is not recognized as a famous trademark, no unit or individual may use the "Hunan Province Famous Trademark" logo on goods, product packaging, decoration, instructions, advertisements, or in trade activities.

Article 13 In the event of any of the following circumstances, the owner of a famous trademark shall handle relevant procedures in accordance with the provisions of the Trademark Law of the People's Republic of China and its implementation rules, and report to the provincial industrial and commercial administration department for record:

(1) The name and address of the owner of a famous trademark changes;

(2) The owner of a famous trademark transfers his famous trademark in accordance with the law;

(3) The owner of a famous trademark permits others to use its famous trademark in accordance with the law. Article 14: Industrial and commercial administrative departments at all levels shall strengthen supervision and inspection of the use and protection of famous trademarks, crack down on counterfeiting of famous trademarks, and effectively protect the legitimate rights and interests of famous trademark owners. Article 15 If any of the following circumstances occurs, the provincial administrative department for industry and commerce will revoke its famous trademark qualification: (1) The applicant has committed fraud and forged certification materials. Defrauding famous trademarks;

(2) Using the "Hunan Province Famous Trademark" mark beyond the scope of goods approved for famous trademark registration and refusing to make corrections;

(3) Within the validity period, Those that do not meet the conditions for famous trademarks due to quality and other issues. Article 16 Anyone who falls under the circumstances specified in Article 11 of these Measures shall be ordered to make corrections within a time limit; if corrections are not made within the time limit, a fine of not more than 10,000 yuan shall be imposed.