(Published by the State Administration for Industry and Commerce and the State Archives Bureau on December 25, 1987) Article 4 Responsibilities of the State Administration for Industry and Commerce in managing trademark files:
1. Implementation Develop the party and state's guidelines and policies on archives work, formulate national trademark archives management regulations and methods, and organize their implementation;
2. Collect, organize, and preserve the agency's trademark archives, and conduct appraisal and statistics and utilization work;
3. Supervise and guide the trademark archives management work of local industrial and commercial administrative agencies;
4. Organize business training, carry out experience exchanges, and engage in scientific research;
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5. Undertake other matters related to trademark file management.
Article 5: Responsibilities of local industrial and commercial administration agencies in managing trademark archives:
1. Implement the regulations and methods of the State Administration for Industry and Commerce and the archives administrative department regarding archives work, And organize the implementation;
2. Collect, organize and keep the trademark files of this agency, and do a good job in identification, statistics and utilization;
3. Supervise and guide the region (including Trademark file management work for trademark registrants);
4. Organize business training and experience exchange;
5. Undertake other local matters related to trademark file management work. Article 6 The scope of filing of trademark documents and materials is: written materials, trademark images, and microfilm, audio-visual, and machine-readable documents and materials. Including:
1. Trademark registration application documents;
2. Preliminary review of trademark draft;
3. "Trademark Registration Book", "Trademark Registration Certificate" 》 or photocopy;
4. Documents and materials for change, transfer, renewal, renewal, cancellation and revocation of registered trademark;
5. Trademark license contract;
6. Documents for application for rejection of trademark review, preliminary ruling on trademark objection, ruling on dispute over registered trademark, and review of cancellation of registered trademark;
7. Investigate and handle cases of trademark violations, supervise product quality, and inspect " Documents and materials of "Trademark Registration Certificate";
8. "Trademark Announcement";
9. Other documents and materials related to trademark management.
Article 7 The archived documents and materials must be complete and accurate. Classify the trademark according to the registrant, form a storage unit (volume, volume, bag, folder), and fill in the cover and catalog of the storage unit.
Article 8 The archived documents and materials should be of high quality, with neat handwriting and uniform specifications. A brush or pen should be used to fill in the filing documents.
Article 9 The documents and materials used for trademark registration shall be organized by the person in charge within three months after the issuance of the "Trademark Registration Certificate" according to the natural rules of the documents and materials and the historical connections between the documents. , file it with the archives department. Documents and materials generated subsequently should also be filed in time after the processing is completed. Article 10 There must be appropriate equipment and warehouses for storing trademark archives, and necessary protective measures against theft, fire, moisture, light, harmful organisms, and pollution should be adopted to ensure that the temperature and humidity of the archives meet the prescribed standards to maintain the archives. integrity and security.
Article 11 The search tools for compiling trademark files should be based on the principle of easy search, and strive to be scientific, simple, standardized and standardized. The search methods and search tools developed by the State Administration for Industry and Commerce can be used for reference.
Article 12 The storage period of trademark archives is divided into three types: permanent, long-term (11 to 30 years) and short-term (including ten years) based on its actual and historical functions.
1. All files that reflect the basic historical aspects of trademark work and have long-term use value should be preserved permanently;
2. All files that have research and use value over a long period of time Archives should be kept for a long time;
3. Archives that are valuable for reference and utilization in a short period of time can be kept for a short period of time.
Article 13 When preserving or destroying trademark files, each trademark file management department shall provide appraisal opinions. Archives that are indeed of no value for storage should be registered and destroyed after review and approval by the leadership.
Article 14 Certain systems and procedures must be established for the provision and utilization of trademark files. Including: object of use, scope and method of use, approval procedures, borrowing vouchers, user obligations, etc. It must be provided quickly and accurately, and attention must be paid to the supervision of files and the effectiveness of utilization. When returning, if it is found that the files have been lent, torn, replaced, defaced or lost, they should be reported in a timely manner, take remedial measures, and trace them.
Article 15: Modern management methods must be applied to trademark archives work, and departments that have the conditions to do so must gradually adopt computer technology to modernize trademark archives management methods. Article 16 The national trademark archive work shall be under the unified management of the national archives administrative department, under the unified supervision and guidance of the State Administration for Industry and Commerce, and under the principle of hierarchical management by local industrial and commercial administrative agencies at all levels. Local industrial and commercial administrative agencies at all levels accept the supervision and guidance of higher-level industrial and commercial administrative agencies and national archives administrative agencies in the trademark archives business.
Article 17 The trademark files of industrial and commercial administrative agencies shall be managed in a centralized and unified manner. A corresponding number of archives staff should be allocated based on specific circumstances such as the number of trademark archives, workload, the size of the area under jurisdiction, and the number of business guidance units.
Article 18 The trademark archives management department should be equipped with cadres who work hard, have a strong sense of responsibility, have technical secondary school or high school education or above and certain professional knowledge, and are qualified to do their jobs.
Article 19 Trademark archives staff must adhere to the four basic principles, implement the party and the country’s lines, principles and policies, love the archives industry, study business, master trademark management and archives management regulations, and be familiar with trademarks Registration and management work, and constantly improve political quality, professional quality and scientific and cultural level.
Article 20: Trademark archives staff should remain relatively stable. If there is a job change, the handover procedures must be carefully completed before resigning.
Article 21 Those who have made significant contributions to the trademark archives industry and have made outstanding achievements shall be rewarded. Those who cause file damage or loss should be dealt with separately depending on the severity of the case. Article 22 The industrial and commercial administration authorities of provinces, autonomous regions, municipalities directly under the Central Government and cities (districts) with separate state plans may, in accordance with the provisions of these Measures, formulate specific implementation measures and submit them to the State Administration for Industry and Commerce and local archives administrative authorities for filing.