Article 1 In order to strengthen the management of famous trademarks in Jilin Province, protect the legitimate rights and interests of owners of famous trademarks in Jilin Province, increase product visibility, and guide enterprises to strive for well-known trademarks, according to the "People's Republic of China and the National These measures are formulated based on the relevant provisions of the Trademark Law and the Implementation Regulations of the Trademark Law of the People's Republic of China and the actual conditions of this province. Article 2 The term "famous trademarks of Jilin Province" as mentioned in these Measures refers to registered trademarks in our province that enjoy high reputation in the market and are well-known to the relevant public and have been recognized by the provincial industrial and commercial administration department in accordance with these Measures. Article 3 These Measures shall apply to the identification and protection of famous trademarks within the administrative region of this province.
The provisions of these Measures regarding commodity trademarks shall apply to service trademarks. Article 4 The recognition of famous trademarks in Jilin Province shall be based on voluntary application and the principles of fairness, impartiality and openness. Article 5 People's governments at all levels shall encourage natural persons, legal persons or other organizations to improve product quality, maintain trademark reputation, and create famous trademarks. Article 6 The provincial industrial and commercial administration department is responsible for the identification, protection, supervision and management of famous trademarks in Jilin Province.
City, state, county (city) industrial and commercial administrative departments are responsible for the recommendation, protection, supervision and management of famous trademarks within their jurisdictions. Article 7 Applications for recognition of famous trademarks in Jilin Province shall meet the following conditions:
(1) It is a domestic registered trademark, and the trademark registrant’s domicile is within the province;
(2) Self-approval It has been used continuously for 3 years from the date of registration;
(3) The trademarked product complies with the national industrial policy, has excellent and stable quality and stable after-sales service among similar products of the same grade in the province, and has a high reputation;
(4) The output, sales, profits, market share and other major economic indicators of the trademarked goods in the past three years have led the same industry in the province;
(5) In There is a high level of awareness among the public in the province;
(6) The registrant has strict trademark use, management systems and protection measures. Article 8 If a trademark registrant believes that its registered trademark meets the conditions listed in Article 7 of these Measures, it may apply for recognition to the provincial industrial and commercial administrative department through the city, state or county (city) industrial and commercial administrative department where it is located, or it may directly Submit a certification application to the provincial industrial and commercial administration department. Article 9 To apply for recognition of a famous trademark in Jilin Province, one should fill out the "Application Form for Recognition of Famous Trademarks in Jilin Province" and provide relevant supporting materials in accordance with the conditions stipulated in Article 7 of these Measures. The certification materials must be authentic and reliable, and the source must be indicated. Article 10 The county (city) industrial and commercial administrative department shall review the application materials within 7 working days from the date of receipt, and submit the application materials to the city or state industrial and commercial administrative departments after signing their opinions.
The municipal and state industrial and commercial administrative departments shall review the application materials within 7 working days from the date of receipt, and submit the application materials to the provincial industrial and commercial administrative department after signing their opinions.
If the application materials are incomplete and need to be supplemented, the industrial and commercial administration department shall notify the applicant to submit them according to the specified content. Article 11 After receiving the application materials, the provincial industrial and commercial administration department shall conduct investigation and demonstration in accordance with the conditions listed in Article 7 of these Measures, consult with relevant departments, industry organizations and social groups, and make a determination within 3 months Or a decision not to be recognized may be extended under special circumstances, but the extension period shall not exceed one month at most. Article 12 Those who meet the conditions for famous trademarks in Jilin Province shall be recognized, and the provincial industrial and commercial administration department shall issue a "Jilin Province Famous Trademark Certificate" and make an announcement; those who do not meet the conditions shall not be recognized and the applicant shall be notified in writing , and explain the reasons. Article 13 If a trademark is not recognized as a Jilin Province famous trademark by the provincial industrial and commercial administration department or is not recognized after review, it shall not be called a Jilin Province famous trademark. Article 14 The validity period of famous trademarks in Jilin Province is 3 years.
If the owner of a famous trademark in Jilin Province needs to continue to be recognized, he should re-apply for recognition according to the original recognition procedure 3 months before the expiration. Article 15 If the owner of a famous trademark in Jilin Province applies for recognition of a well-known trademark, the provincial industrial and commercial administration department shall provide relevant information and related services free of charge.
Article 16 The owner of a famous trademark in Jilin Province may use the words and signs of "Famous Trademark in Jilin Province" on the packaging, decoration, instructions, and transaction documents of the goods and commodities approved for use, or in advertising, exhibitions, and other business activities. Article 17 After the famous trademark of Jilin Province is recognized, its exclusive right to use the trademark shall be protected by the following within the province:
(1) Others apply for registration and use of words that are the same or similar to the famous trademark as a business name, or If the company name has been registered for use and may cause misunderstanding by the public, it shall be handled according to the following circumstances: 1. If the enterprise name applies for registration and use after the famous trademark is recognized, the industrial and commercial administration departments at all levels will not approve the registration; if the registration has been approved, the owner of the famous trademark You can apply to the industrial and commercial administration department to revoke the name of the enterprise. However, this shall be excepted if the trademark has other meanings or other circumstances stipulated by laws and regulations. 2. If a company name is registered and used between the time when a famous trademark is approved for registration and when it is recognized as a famous trademark, the owner of the famous trademark may apply to the industrial and commercial administration department to cancel the registration of the company name. 3. If the enterprise name is registered and used before the famous trademark is approved for registration, the owner of the famous trademark may request the provincial industrial and commercial administration department to mediate the change of the enterprise name.
(2) Others use words that are the same as or similar to famous trademarks on the names, packaging, and decoration of non-similar goods, which may imply that the goods have some connection with the owner of the famous trademark, and may If damage is caused to the legitimate rights and interests of the owner of a famous trademark, the owner of the famous trademark may request the industrial and commercial administrative department to handle it in accordance with the law.
(3) The domain name or the main part of the domain name constitutes a copy, imitation or translation of a famous trademark, which may imply some connection between the registrant of the domain name and the owner of the famous trademark, which may make the famous trademark If the owner's interests are harmed, or the famous trademark may be unfairly exploited or the distinctiveness of the famous trademark is weakened, the owner of the famous trademark may request the People's Court to cancel it.
(4) No unit or individual may defame or disparage famous trademarks in any way.
(5) Other protective measures stipulated in laws, regulations and rules.