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Chongqing Regulations on the Recognition and Protection of Famous Trademarks

Chapter 1 General Provisions Article 1 In order to regulate the recognition of famous trademarks, protect the legitimate rights and interests of famous trademark rights holders, and promote economic development, in accordance with the Trademark Law of the People's Republic of China and relevant laws, These regulations are formulated in accordance with the provisions of administrative regulations and in combination with the actual situation of this city. Article 2 The term “famous trademarks” as mentioned in these Regulations refers to registered trademarks that enjoy a high reputation in the market, are known to the relevant public, and are recognized in accordance with these Regulations.

The relevant public mentioned in the preceding paragraph refers to consumers related to a certain type of goods marked by the use of trademarks, as well as other operators and related personnel who produce and distribute the aforementioned goods. Article 3 These regulations shall apply to the identification and protection of famous trademarks in this city. Article 4 The industrial and commercial administrative department is responsible for the identification and protection of famous trademarks.

Other relevant administrative departments, industry associations and consumer rights protection organizations should cooperate with the industrial and commercial administrative departments in the identification and protection of famous trademarks.

Other organizations and individuals are not allowed to recognize famous trademarks. Article 5 The municipal, district and county (autonomous county) people's governments shall encourage trademark rights holders to improve the quality and reputation of their goods, create famous trademarks, and commend and reward units and individuals who have made outstanding achievements in the creation of famous trademarks. Chapter 2 Recognition of Famous Trademarks Article 6 The recognition of famous trademarks follows the principles of voluntary application, expert review, and unified announcement. Article 7 A famous trademark shall meet the following conditions:

(1) The trademark is a registered trademark, and the trademark ownership is not disputed;

(2) The trademark registrant is domiciled in Within the administrative area of ??this city;

(3) The trademark has been used continuously for three years;

(4) The goods using the trademark are of high quality and have a high reputation among the relevant public and good market reputation;

(5) The output, sales, profits, tax payments, market share and other major economic indicators of the goods using the trademark have been leading in the same industry in this city in the past three years;

(6) The trademark right holder has a sound trademark management system and has no major trademark violations in the past three years.

The municipal administrative department for industry and commerce should formulate specific standards for the recognition of famous trademarks. Article 8 A trademark registrant’s application for recognition of a famous trademark shall be submitted to the industrial and commercial administration department of the county (autonomous county) where the licensee is domiciled; however, if the trademark is licensed to others for use, the trademark registrant may also apply to the industrial and commercial administration department of the county (autonomous county) where the licensee is domiciled. proposed by the department.

When a trademark registrant applies for recognition of a famous trademark, he shall submit an application and relevant materials proving compliance with the conditions specified in Article 7 of these Regulations.

Applicants are responsible for the authenticity and legality of the materials they submit. Article 9 The district and county (autonomous county) industrial and commercial administration departments shall, within 20 days from the date of receipt of the application for recognition, conduct a preliminary review of the application materials in accordance with the conditions stipulated in Article 7 of these Regulations and make a decision on whether to accept the application.

If the district or county (autonomous county) industrial and commercial administrative department decides to accept the application, it shall notify the applicant in writing and submit the preliminary review opinions and application materials to the municipal industrial and commercial administrative department within five working days; if it decides not to accept the application, it shall If the application is accepted, the applicant shall be notified in writing and the reasons shall be explained; if the application materials need to be supplemented or corrected, the applicant shall be notified in writing at one time to make corrections within a time limit. If the applicant fails to make corrections within the time limit, the application shall be deemed to have been withdrawn. Article 10 If an applicant has objections to the decision not to accept the application made by the district or county (autonomous county) industrial and commercial administrative department, he or she may apply to the municipal industrial and commercial administrative department for review within fifteen days from the date of receipt of the notice.

The municipal administrative department for industry and commerce shall make a review decision within thirty days from the date of receipt of the review application and notify the applicant in writing.

If the municipal administrative department for industry and commerce believes that the objection is established, it will directly accept the application for recognition; if the objection is not established, it will reject the review application and explain the reasons. Article 11 The municipal administrative department for industry and commerce shall promptly submit applications for recognition of famous trademarks submitted by district and county (autonomous county) administrative departments for industry and commerce, as well as applications for recognition of famous trademarks directly accepted, to the famous trademark review committee for review.

The municipal administrative department for industry and commerce should hire experts in economics, law, science and technology or related industries to establish an expert database. Each review will select experts from the expert database based on the category and characteristics of the goods referred to by the trademark, and participate in famous Trademark review work.

The Famous Trademark Review and Adjudication Committee is composed of experts from the expert database established by the Municipal Administration for Industry and Commerce and relevant personnel from the Consumer Rights Protection Committee.

The municipal administrative department for industry and commerce shall formulate the composition methods and working rules of the famous trademark review committee and expert database. Article 12: Applications for famous trademark recognition that have been reviewed and approved by the review committee shall be publicized by the municipal administrative department for industry and commerce, and the publicity period shall be fifteen days. Article 13 During the publicity period, any unit or individual may submit written objections to the municipal administrative department for industry and commerce.

The municipal administrative department for industry and commerce shall organize a famous trademark review committee to review the objection within thirty days from the date of receipt of the objection application.

If the objection is established, the municipal administrative department for industry and commerce shall not recognize it as a famous trademark and notify the applicant in writing; if there is no objection after the publicity period or the objection is not established, the municipal administrative department for industry and commerce shall issue a "Chongqing Municipal Administration for Industry and Commerce" Famous Trademark Certificate" and make an announcement.