Document

Rules for the Administration of the Use of Service Trademarks in Xinhua Bookstore

Detailed Rules for the Implementation of the Rules for the Administration of the Use of Service Trademarks in Xinhua Bookstore

On January 28, 1998 and November 14, 1998, the service trademarks of Xinhua Bookstore were classified into 35th category (promoting others) and 39th category (commodity storage and transportation) respectively. The Rules for the Administration of the Use of Service Trademarks in Xinhua Bookstore (hereinafter referred to as the Rules) and the Detailed Rules for the Implementation of the Rules for the Administration of the Use of Service Trademarks in Xinhua Bookstore (hereinafter referred to as the Rules) were issued immediately after the successful trademark registration. In October 1998, the General Administration of Press and Publication held a trademark seminar of Xinhua Bookstore in Beijing, and the participants discussed the Rules and Detailed Rules in depth. After that, the Rules and Detailed Rules were carefully discussed at different national conferences in the Xinhua Bookstore system, and finally discussed and passed at the first member representative meeting of the Association. At present, the Rules and Detailed Rules have been implemented for six years. Any system or rule has certain timeliness. With the emancipation of the mind, culture has developed and prospered greatly; With the continuous advancement of the reform and opening up of the cultural system; With the acceleration of the shareholding system reform and business structure adjustment of Xinhua Bookstore in various provinces, it is necessary to formulate feasible Rules and Detailed Rules for trademark use management of Xinhua Bookstore, which are suitable for the development of the situation. In this regard, the secretariat of the association has revised the Rules and Detailed Rules based on the principles of authority, unity and operability. In August 28, the Association held the "National Meeting of Directors of Xinhua Bookstore Office". At the meeting, the participants' opinions on the revision of the Rules and Detailed Rules were heard. According to these opinions, the Association made supplementary amendments to the Rules and Detailed Rules. The revised draft of the Rules and Detailed Rules is now published in full, and all the governing units and member units (trademark users) of the Association are invited to put forward their opinions for reference, so as to make it more accurate and perfect. At the same time, friends from all walks of life are also welcome to put forward constructive suggestions.

key points for consideration

Your suggestions for revision can focus on the following aspects:

1. With the shareholding system reform of Xinhua Bookstore, the conditions and scope of use of the service trademark of Xinhua Bookstore. 2. Principles and obligations of taking the trademark of Xinhua Bookstore as intangible assets investment.

3. After enterprise restructuring, "Xinhua Bookstore" faded out of the enterprise name. How can such enterprises use the trademark of "Xinhua Bookstore"?

4. The organic combination of the trademark of Xinhua Bookstore and the trademark of this enterprise.

5. Procedures for using the trademark of Xinhua Bookstore.

6. Specific measures of supervision and management of trademark users by the Association.

7. The illegal treatment of trademark users by the Association.

Management Rules for the Use of Service Trademarks in Xinhua Bookstore (Revised Draft)

Chapter I General Provisions

Article 1 In order to strengthen and standardize the use, management and protection of service trademarks in Xinhua Bookstore, and urge users of service trademarks in Xinhua Bookstore to ensure service quality and maintain trademark reputation, so as to protect consumers' rights and interests and promote the development of publication distribution, China Xinhua Bookstore Association is based on the Trademark Law of the People's Republic of China and its Implementation Rules.

article 2 composition and meaning of Xinhua bookstore service trademark logo Xinhua bookstore service trademark takes the four words "Xinhua Bookstore" and its English letters inscribed by Comrade Mao Zedong for Xinhua Bookstore in Xibaipo, Hebei Province in December 1948 as the main body, with the standard color combination of white characters on a red background as a whole, forming the only visual recognition system and service trademark of Xinhua Bookstore system. The service trademark not only has a national style, but also reflects the long history and rich cultural color of Xinhua Bookstore system, and also has the flavor of the times. It can reflect the vitality of Xinhua Bookstore system, adapt to the needs of domestic and international cultural exchanges, become a state-owned cultural brand, and is a valuable asset of Xinhua Bookstore system.

Article 3 Purpose of using the service trademark of Xinhua Bookstore

To protect the legitimate rights and interests of users of the service trademark of Xinhua Bookstore and safeguard the legitimate interests of consumers; Standardize the management of Xinhua Bookstore system and establish the modern corporate image of Xinhua Bookstore.

Article 4 Xinhua Bookstore Service Trademark Use Management Organization

The Secretariat of China Xinhua Bookstore Association is responsible for trademark use management, rights protection and business development of all member units. Xinhua Bookstore Association All provincial member units set up provincial Xinhua Bookstore (Group) associations, which are responsible for the use, supervision and management of trademarks of Xinhua Bookstore at all levels in the province under the guidance of China Xinhua Bookstore Association.

Chapter II Nature of Service Trademark of Xinhua Bookstore

Article 5 Xinhua Bookstore was born in Yan 'an in 1937. In mid-1939, the Central Committee of * * * established the publishing and distribution department, and Comrade Mao Zedong wrote the store plan of "Xinhua Bookstore". In 1948, Comrade Mao Zedong re-wrote the "Xinhua Bookstore" in Xibaipo. After 1948, Xinhua Bookstores at all levels in the country all used the store proposal written by Comrade Mao Zedong for the second time. After the Mao-style Xinhua Bookstore is registered as a service trademark, according to the Trademark Law of the People's Republic of China, the trademark registrant enjoys the exclusive right. Article 6. Xinhua Bookstore has been used and enjoyed by Xinhua Bookstores at all levels for decades. After the font is registered as a trademark, according to the Trademark Law of the People's Republic of China, the trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the service quality of the licensee in using its registered trademark, and the licensee shall guarantee the service quality of using the registered trademark.

Article 7 The service trademark of Xinhua Bookstore is a state-owned intangible asset. As the intellectual property of the system and the enterprise, it has great economic value and is a comprehensive embodiment of the enterprise's strength. Its intellectual property is enjoyed and used by the whole system.

Chapter III Registrants of Service Trademarks of Xinhua Bookstore

Article 8 Registrants of Service Trademarks of Xinhua Bookstore: China Xinhua Bookstore Association

Address: No.135, Beilishi Road, Xicheng District, Beijing

Legal Representative: (the term of office is to be determined)

Business scope: academic exchange, international cooperation, industry management

professional exhibition rights and interests maintenance business training

management of consulting service trademarks < Service quality requirements

article 9 general requirements

1. publicize the major decisions and policies of the party and the state, grasp the correct direction of public opinion, reflect the advanced mainstream cultural consciousness, adhere to Scientific Outlook on Development, and promote reform, opening up and cultural development and prosperity. Disseminate all scientific, technological and cultural knowledge conducive to economic and social development, enrich the spiritual and cultural life of the people, abide by professional ethics and operate according to law.

2. To consciously safeguard the good reputation of service trademarks, we should have rich book varieties, comfortable shopping environment, standardized store management, complete service measures and good service attitude. To meet the needs of readers to the greatest extent and enrich the spiritual and cultural life of the people.

article 1 requirements for operation and service work

1. having a fixed business place and business hours that are convenient for readers to fully purchase.

2. There are publications and stocks that can meet the basic needs of readers in the region.

3. Have necessary service facilities and feasible service items, and actively provide various services for readers.

4. There are sales forms and sales links that are convenient for readers and easy to manage.

5. There are pre-sales services to facilitate readers to understand information and purchase publications, and after-sales service measures to ensure the quality of publications.

chapter v rights and obligations of service trademark registrants of Xinhua bookstore

article 11 the service trademark registrants of Xinhua bookstore shall supervise and manage all users of service trademarks of Xinhua bookstore. If the user violates the service quality requirements when using the trademark, infringes on the interests of consumers, seriously violates the relevant national policies and laws and regulations, or damages the overall image and rights of Xinhua Bookstore system, the trademark registrant has the right to impose corresponding penalties on him until he is disqualified from using the service trademark.

Article 12 The registrant of the service trademark of Xinhua Bookstore shall not allow unauthorized users to use the service trademark of Xinhua Bookstore. The unauthorized use of Xinhua Bookstore's service trademark is an infringement of the exclusive right to use the trademark.

article 13 when the exclusive right to use the service trademark of Xinhua bookstore is infringed, the trademark registrant has the right to request the administrative department for industry and commerce to investigate the infringement or directly bring a lawsuit to the people's court according to the Trademark Law of the People's Republic of China and its detailed rules for implementation.

Chapter VI Use of Service Trademarks of Xinhua Bookstore

Article 14 Conditions and Scope of Use of Service Trademarks of Xinhua Bookstore

1. System members and industry members of China Xinhua Bookstore Association may use the Service Trademarks of Xinhua Bookstore if they acknowledge and abide by these rules and have gone through the formalities of trademark use declaration with trademark registrants (that is, signed a Trademark License Contract).

2. The newly-built Xinhua Bookstore approved by the General Administration of Press and Publication and the provincial press and publication bureaus can use the service trademark of Xinhua Bookstore if it has gone through the trademark use declaration formalities with the trademark registrant.

3. Users of Xinhua Bookstore's service trademark who use Xinhua Bookstore's service trademark as intangible assets investment need to apply to the trademark registrant separately and get approval.

4. Users of Xinhua Bookstore's service trademark need to use Xinhua Bookstore's service trademark when they set up a shop overseas. They can use Xinhua Bookstore's service trademark after they have gone through the application procedures with the trademark registrant and are approved.

5. Users of service marks of Xinhua Bookstore can use the service marks of Xinhua Bookstore on their own service items or commodities.

Article 15 Rights and obligations of users of service trademarks of Xinhua Bookstore 1. Users of service trademarks of Xinhua Bookstore have the right to request the local administrative department for industry and commerce to handle or directly file a lawsuit with the people's court in accordance with the Trademark Law of the People's Republic of China, the Implementing Rules and these Rules, and report the investigation to the China Xinhua Bookstore Association.

2. The service trademark users of Xinhua Bookstore have the responsibility to protect the exclusive right to use the trademark, and have the obligation to expose and report any trademark infringement.

3. When users of service trademarks of Xinhua Bookstore obtain economic benefits by investing in trademark intellectual property rights, they must pay a certain proportion of the investment amount to the trademark use fee of China Xinhua Bookstore Association. As trademark intellectual property rights, the economic benefits generated by Xinhua Bookstore Association are managed by China Xinhua Bookstore Association in the form of special funds and enjoyed by all trademark users.

Article 16 Liabilities of users of service trademarks of Xinhua Bookstore in violation of these Rules

1. Users of service trademarks of Xinhua Bookstore shall not use service trademarks to engage in illegal business activities, which will harm the interests of the public and the rights and interests of consumers, and shall not engage in any activities that will damage the reputation of service trademarks of Xinhua Bookstore. Violators shall be disqualified by the trademark registrant, and legal responsibilities shall be investigated if the circumstances are serious.

2. If Xinhua Bookstore's service trademark is transferred to others for use or undeclared use of trademark intellectual property rights, or the proceeds from the use of intellectual property rights are concealed, the trademark registrant has the right to investigate and deal with it, severely suspend its trademark use right, terminate the Trademark License Contract, and pursue legal responsibilities.

3. If the service trademark of Xinhua Bookstore is used overseas without authorization, the trademark registrant has the right to stop its use and investigate its legal responsibility.

Chapter VII Protection of the Exclusive Right to Use the Service Trademark of Xinhua Bookstore

Article 17 After the main logo and standard color of the service trademark of Xinhua Bookstore are registered with the Trademark Office of the State Administration for Industry and Commerce, the exclusive right to use the trademark is obtained. The exclusive right to use the service trademark of Xinhua Bookstore is protected by national laws, and no one may infringe upon it. Article 18 The service trademark of Xinhua Bookstore is the only trademark mark of the trademark user, and the user may not modify it without authorization to reflect the local characteristics. If unauthorized modification is found to be illegal, the trademark registrant has the right to stop its use.

article 19 when the enterprise using the service trademark of Xinhua bookstore goes bankrupt, the service trademark of Xinhua bookstore shall not be used as intangible assets after liquidation or merger by others.

Article 2 Any of the following acts shall constitute an infringement of the exclusive right to use the service trademark of Xinhua Bookstore:

1. A legal person or natural person who has not gone through the formalities of using the trademark registrant uses the service trademark of Xinhua Bookstore without authorization;

2. using the service trademark of Xinhua Bookstore overseas without authorization;

3. Transferring the service trademark of Xinhua Bookstore to others for use without authorization;

4. arbitrarily changing the words, graphics and standard colors of the service trademark of Xinhua Bookstore;

5. Other damages are caused to the service trademark of Xinhua Bookstore.

article 21 in case of infringement of the exclusive right to use a registered trademark listed in article 2 of these rules, the trademark registrant has the right to request the administrative department for industry and commerce to order him to stop the infringement, compensate the losses of the trademark user or pursue legal responsibilities according to the trademark law of the people's Republic of China, the detailed rules for implementation and these rules.

Chapter VIII Supplementary Provisions

Article 22 When the user of Xinhua Bookstore's service trademark needs to evaluate the intangible assets by using Xinhua Bookstore's service trademark as an investment in intangible assets, he/she shall apply to an asset evaluation institution designated or recognized by China Xinhua Bookstore Association for evaluation and confirmation according to the assets, funds and business conditions of his/her unit, and report the evaluation results to China Xinhua Bookstore Association.

Article 23 These Rules shall be formulated and interpreted by China Xinhua Bookstore Association.

article 24 these rules shall be discussed and revised by the second member congress of China Xinhua bookstore association, and shall be implemented after being reported to the general administration of press and publication for approval.

Detailed Rules for the Implementation of the Management Rules for the Use of Service Trademarks in Xinhua Bookstore

(Revised Draft)

Article 1 These Detailed Rules are formulated in accordance with the relevant provisions of the Management Rules for the Use of Service Trademarks in Xinhua Bookstore.

Article 2 The definition of Xinhua Bookstore system is generally defined as the following: Xinhua Bookstore (group) in all provinces (autonomous regions and municipalities directly under the Central Government), Xinhua Bookstore in all cities, counties and districts, and the outlets of Xinhua Bookstore legal entities at all levels, which are managed and approved by the General Administration of Press and Publication and the provincial press and publication bureaus; A newly established publication distributor with absolute or state-owned holding by Xinhua Bookstore.

article 3 use of service marks of Xinhua bookstore

1. all Xinhua bookstores (groups) at all levels in the Xinhua bookstore system are members of the system referred to in the articles of association. Members of the system who meet the conditions for using the service trademark of Xinhua Bookstore can use the service trademark of Xinhua Bookstore.

2. Users of service trademarks of Xinhua Bookstore must abide by the Articles of Association of China Xinhua Bookstore Association (hereinafter referred to as the Articles of Association), the Rules for the Administration of the Use of Service Trademarks of Xinhua Bookstore (hereinafter referred to as the Rules) and the Detailed Rules for the Implementation of the Rules for the Administration of the Use of Service Trademarks of Xinhua Bookstore (hereinafter referred to as the Rules).

3. Conditions for using the service trademark of Xinhua Bookstore

(1) Members of the system can use the service trademark of Xinhua Bookstore if they acknowledge and abide by these Detailed Rules and have gone through the trademark use declaration formalities with the trademark registrant (that is, signed the Trademark License Contract).

(2) A restructured enterprise whose shares in Xinhua Bookstore or state-owned shares account for more than 51% will enter the original state-owned Xinhua Bookstore of the new joint-stock company after the restructuring, and go through the trademark use declaration formalities with the trademark registrant, and can use the service trademark of Xinhua Bookstore.

(3) If the words "Xinhua Bookstore" are not used in the enterprise name after the restructuring in industrial and commercial registration, the original state-owned Xinhua Bookstore and trademark registrant who entered the new joint-stock company have gone through the trademark use declaration procedures and can use it.