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Measures for the identification and protection of famous trademarks in Ningxia Hui Autonomous Region

Chapter 1 General Provisions Article 1 In order to strengthen the identification, management and protection of famous trademarks in Ningxia and protect the legitimate rights and interests of trademark owners, users and consumers, in accordance with the "People's Republic of China and the State Council" These Measures are formulated in accordance with the provisions of relevant laws and regulations such as the Trademark Law, the Implementation Regulations of the Trademark Law of the People's Republic of China and the actual situation of this autonomous region. Article 2 These Measures shall apply to the identification, management and protection of Ningxia famous trademarks within the administrative region of this autonomous region. Article 3 The Ningxia famous trademarks (hereinafter referred to as famous trademarks) as mentioned in these Measures refer to registered trademarks that enjoy a high reputation in the market, are known to the relevant public, and are recognized in accordance with these Measures. Article 4 The industrial and commercial administrative departments of the autonomous regions are responsible for the identification, management and protection of famous trademarks; the industrial and commercial administrative departments of districted cities and development zones (Yinchuan High-tech Industrial Development Zone, Yinchuan Ningdong Energy and Chemical Industry Base, the same below) are responsible for Recommendation and protection of famous trademarks; county (city, district) industrial and commercial administrative departments are responsible for the protection of famous trademarks.

Relevant departments such as finance, commerce, and quality supervision shall assist and cooperate with the industrial and commercial administrative departments in the identification, management, and protection of famous trademarks within the scope of their respective responsibilities. Article 5 The identification, management and protection of famous trademarks shall follow the principles of voluntariness, openness, fairness, impartiality and special protection. Article 6 People's governments at or above the county level and development zone management committees shall provide encouragement and support to famous trademark owners in terms of finance, finance, and industrial policies. Article 7 The people's government of the autonomous region shall commend and reward the owners of famous trademarks. The people's governments of cities and counties (cities, districts) divided into districts and the development zone management committees may commend and reward the owners of famous trademarks based on the actual conditions of the region. . Chapter 2 Application and Recognition Article 8 Application for a famous trademark shall meet the following conditions:

(1) The domicile of the owner of the trademark and the origin of the goods referred to by the trademark are within the administrative area of ??the autonomous region;

(2) The trademark has been used continuously for three years since the date of registration approval, and there is no ownership dispute;

(3) The trademark is well known to the relevant public and has a high reputation and recognition;

(4) The goods referred to by the trademark are of excellent and stable quality, comply with relevant national and autonomous region standards, and have good market reputation. The output, sales, profits and taxes and The main economic indicators such as market share are at the forefront of the same industry in the autonomous region, and it has a wide sales area;

(5) The applicant has not infringed the exclusive rights of others’ trademarks or other serious illegal business activities in the past three years;< /p>

(6) The owner of the trademark has strict trademark use, protection and management measures;

(7) Other conditions stipulated in laws, regulations and rules that can prove that the trademark is famous. Article 9 Famous trademark recognition is carried out every two years. If the trademark owner applies for famous trademark recognition, he shall submit the following materials to the industrial and commercial administration department of the districted city or development zone:

(1) Famous trademark Recognition application form;

(2) Business license or corresponding subject qualification certificate, copy of trademark registration certificate signed by the trademark owner;

(3) Continued use of the trademark time, advertising and other relevant materials proving the degree of awareness of the relevant public;

(4) Records of the protection of the trademark;

(5) The main products using the trademark The output, sales volume, sales revenue, profits and taxes, sales area and quality in the past three years, or the service income, profits and taxes, service area and other relevant information from the use of the trademark;

(6) The trademark Registration, use, management, and self-protection at home and abroad;

(7) Other materials proving that the trademark is famous.

Applicants shall be responsible for the authenticity and legality of submitted materials. Article 10 The industrial and commercial administrative departments of districted cities and development zones shall review the application materials provided by the applicant within 15 days from the date of receipt of the application materials. If the application materials are complete, the applicant shall sign and submit the opinions to the industrial and commercial administration department of the autonomous region; if the application materials need to be supplemented and corrected, the applicant shall be notified in writing to make corrections within a time limit; failure to make corrections within the time limit shall be deemed to have given up the application. Article 11 The administrative department for industry and commerce of the autonomous region shall, within 30 days from the date of receipt of the application materials submitted by the administrative department for industry and commerce of the districted city or development zone, conduct a preliminary review of the application materials and make a decision on whether to accept or reject the application. Decide.

If it decides to accept the application, 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 the reasons in writing. Article 12 The administrative department for industry and commerce of the autonomous region shall publish a preliminary review announcement in the autonomous region-level news media for applications accepted for recognition of famous trademarks. Within 30 days from the date of the preliminary announcement, any unit or individual may raise objections.

For written objections, the industrial and commercial administration department of the autonomous region shall serve a copy of the objection to the person being opposed within 15 days. The person being opposed shall make a written reply within 15 days. The autonomous region's industrial and commercial administration department will make a written ruling within 30 days after investigation and verification based on the facts and reasons stated by the opponent and the objected party.

If the objection is established, the industrial and commercial administration department of the autonomous region shall reject the application for recognition; if there is no objection or the objection is not established, the application shall be reviewed and determined by the Autonomous Region's Famous Trademark Recognition Committee.