Article 1 is to standardize the identification of well-known trademarks and protect the legitimate rights and interests of well-known trademark holders. According to the Trademark Law of the People’s Republic of China (hereinafter referred to as the Trademark Law) and the Trademark Law of the People’s Republic of China, **The Implementing Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementing Regulations), formulate these regulations.
Article 2: Well-known trademarks are trademarks that are well known to the relevant public in China.
The relevant public includes consumers related to the certain type of goods or services marked by the trademark, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in the distribution channels.
Article 3 The Trademark Office and the Trademark Review and Adjudication Board are responsible for identifying and protecting trademarks in the process of trademark registration review, trademark dispute resolution, and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, based on the requests of the parties and the needs of reviewing and handling cases. Well-known trademark.
Article 4 The identification of well-known trademarks shall follow the principles of case-by-case identification and passive protection.
Article 5: If a party files an objection to the Trademark Office in accordance with Article 33 of the Trademark Law and requests protection of a well-known trademark in accordance with Article 13 of the Trademark Law, it may file a request for protection of a well-known trademark with the Trademark Office. Make a written request and submit evidence proving that the trademark constitutes a well-known trademark.
Article 6: In cases of review of trademark disapproval or request for invalidation, if the parties request protection of well-known trademarks in accordance with Article 13 of the Trademark Law, they may submit a written request for protection of well-known trademarks to the Trademark Review and Adjudication Board. Request and submit evidence proving that the trademark constitutes a well-known trademark.
Article 7: Trademark violation cases involving the protection of well-known trademarks shall be under the jurisdiction of the industrial and commercial administrative departments at or above the municipal (prefecture, state) level. If a party requests the administrative department for industry and commerce to investigate and handle trademark violations, and requests protection of a well-known trademark in accordance with Article 13 of the Trademark Law, he or she may file a complaint with the administrative department for industry and commerce at or above the municipal (prefecture, state) level where the illegal act occurred, and file a complaint. To make a written request for well-known trademark protection, submit evidence proving that the trademark constitutes a well-known trademark.
Article 8 The parties requesting the protection of well-known trademarks shall abide by the principle of good faith and be responsible for the authenticity of the facts and evidence materials submitted.
Article 9 The following materials can be used as evidence to prove compliance with the provisions of Article 14, Paragraph 1 of the Trademark Law:
(1) Materials proving the relevant public’s awareness of the trademark .
(2) Materials proving the duration of use of the trademark, such as the history and scope of use and registration of the trademark. If the trademark is an unregistered trademark, materials proving that the trademark has been used for no less than five years should be provided. If the trademark is a registered trademark, materials proving that it has been registered for no less than three years or has been continuously used for no less than five years should be provided.
(3) Materials proving the duration, extent and geographical scope of any publicity work for the trademark, such as the methods, geographical scope, types of publicity media and advertising placement in the past three years Quantity of materials.
(4) Materials proving that the trademark has been protected as a well-known trademark in China or other countries and regions.
(5) Other evidence materials proving that the trademark is well-known, such as the sales revenue, market share, net profit, tax amount, sales area and other materials of the main products using the trademark in the past three years.
The "three years" and "five years" mentioned in the preceding paragraph refer to the three years and five years before the date of the trademark registration application against which the objection was raised and the date of the trademark registration application against which the request for invalidation was made. As well as three and five years before the date of filing a request for well-known trademark protection in trademark violation cases.
Article 10: If a party files a request for protection of a well-known trademark in accordance with Articles 5 and 6 of these Provisions, the Trademark Office and the Trademark Review and Adjudication Board shall submit the request in Articles 35 and 37 of the Trademark Law. , handle the matter in a timely manner within the time limit specified in Article 45.
Article 11: If a party requests the industrial and commercial administration department to investigate and deal with trademark violations in accordance with Article 7 of these Provisions, the industrial and commercial administrative department shall verify the complaint materials and implement the administrative punishment procedure of the industrial and commercial administrative department in accordance with the "Administrative Punishment Procedures of the Industrial and Commercial Administration Organs" The relevant provisions of the Provisions determine whether to file a case. After deciding to file a case, the industrial and commercial administration department shall conduct a preliminary verification on whether the request for well-known trademark protection and relevant evidence materials submitted by the party comply with the provisions of Articles 13 and 14 of the Trademark Law, Article 3 of the Implementing Regulations, and Article 9 of these Regulations. and review. If the preliminary verification complies with the regulations, a request for well-known trademark recognition and copies of the case materials shall be submitted to the superior industrial and commercial administrative department within 30 days from the date of filing the case. If the case does not comply with the regulations upon review, it shall be dealt with in a timely manner in accordance with the provisions of the "Administrative Punishment Procedures of the Industrial and Commercial Administrative Organs".
Article 12 The provincial (autonomous region, municipality) administrative department for industry and commerce shall determine whether the materials related to the recognition of well-known trademarks submitted by the administrative department for industry and commerce at the municipal (prefecture, state) level within their jurisdiction comply with the provisions of Article 10 of the Trademark Law Verification and review shall be carried out in accordance with Article 3, Article 14, Article 3 of the Implementing Regulations and Article 9 of these Regulations. If it is verified that it complies with the regulations, the application for well-known trademark recognition and copies of the case materials should be submitted to the Trademark Office within 30 days from the date of receipt of the relevant materials for the recognition of well-known trademarks. If the case does not comply with the regulations upon review, the relevant materials shall be returned to the original filing authority, which shall promptly handle the case in accordance with the provisions of the "Administrative Punishment Procedures of Industrial and Commercial Administrative Agencies".
Article 13 When determining a well-known trademark, the Trademark Office and the Trademark Review and Adjudication Board shall comprehensively consider the factors listed in Paragraph 1 of Article 14 of the Trademark Law and Article 9 of these Regulations, but shall not All factors must be met.
If the Trademark Office and the Trademark Review and Adjudication Board need local industrial and commercial administrative departments to verify relevant circumstances when identifying well-known trademarks, the relevant local industrial and commercial administrative departments shall provide assistance.
Article 14 If the Trademark Office examines the materials related to the identification of well-known trademarks submitted by the industrial and commercial administrative departments of the provinces (autonomous regions, municipalities directly under the Central Government) and determines that they constitute a well-known trademark, it shall report to the province (province) that submitted the request for instructions. The industrial and commercial administrative departments of autonomous regions and municipalities directly under the Central Government shall issue a reply.
The industrial and commercial administrative department that files the case shall handle it in accordance with the law within 60 days after the Trademark Office issues the determination and approval, and submit a copy of the administrative penalty decision to the industrial and commercial administrative department of the province (autonomous region, municipality directly under the Central Government) where the case is located. The industrial and commercial administration department of the province (autonomous region, municipality directly under the Central Government) shall submit the case handling status and a copy of the administrative penalty decision to the Trademark Office within thirty days from the date of receipt of the copied administrative penalty decision.
Article 15: Industrial and commercial administrative departments at all levels shall strengthen the protection of well-known trademarks during trademark registration and management, and safeguard the legitimate rights and interests of obligees and consumers. If a trademark violation is suspected of being a crime, the case shall be transferred to the judicial authority in a timely manner.
Article 16 During the review of trademark registration, settlement of trademark disputes, and investigation and handling of trademark violation cases by the industrial and commercial administrative departments, when parties request protection of well-known trademarks in accordance with Article 13 of the Trademark Law, they may provide information on the history of the trademark. A record protected as a well-known trademark in my country.
The scope of the party's request for well-known trademark protection is basically the same as the scope that has been protected as a well-known trademark, and the other party has no objection to the well-known trademark, or although there is an objection, the reason for the objection and the evidence provided are obvious If the objection is not sufficient to support the objection, the Trademark Office, the Trademark Review and Adjudication Board, and the trademark violation case filing department may grant the trademark well-known trademark protection based on the protection record and relevant evidence.
Article 17 In a trademark violation case, if a party defrauds the protection of a well-known trademark through improper means such as fraud or providing false evidence materials, the Trademark Office shall revoke the identification of the trademark involved and notify the reporter. Send the application to the industrial and commercial administration department of the province (autonomous region, municipality directly under the Central Government) for instructions on the recognition of well-known trademarks.
Article 18 The local administrative department for industry and commerce violates Articles 11 and 12 of these Regulations by failing to perform its duties of verifying and reviewing materials related to the recognition of well-known trademarks, or violates Article 13 of these Regulations Failure to provide assistance or fail to perform verification duties as stipulated in the second paragraph of Article 14 of these Provisions, or failure to handle trademark violation cases within the time limit or failure to submit the handling information within the time limit in violation of the provisions of Paragraph 2 of Article 14 of these Provisions shall be handled by the industrial and commercial administration at the next higher level. The department notified it and ordered it to make corrections.
Article 19: Industrial and commercial administrative departments at all levels shall establish and improve a supervision and inspection system for the recognition of well-known trademarks.
Article 20 If any personnel involved in the work related to the recognition and protection of well-known trademarks neglect their duties, abuse their power, engage in malpractice for personal gain, illegally handle matters related to the recognition of well-known trademarks, accept property from parties, and seek improper benefits, they shall be punished in accordance with Relevant regulations will be dealt with.
Article 21 These regulations shall come into effect 30 days from the date of promulgation. The "Regulations on the Recognition and Protection of Well-known Trademarks" promulgated by the State Administration for Industry and Commerce on April 17, 2003 were abolished at the same time.