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Announcement of the Standing Committee of the Ninth People's Congress of Hebei Province

(No. 19)

The "Regulations on the Recognition and Protection of Famous Trademarks in Hebei Province" has been approved by Hebei Province The Eighth Meeting of the Standing Committee of the Ninth People's Congress was adopted on April 2, 1999, and is hereby promulgated and shall come into effect on July 1, 1999.

April 2, 1999

Regulations on the Recognition and Protection of Famous Trademarks in Hebei Province

Chapter 1 General Provisions

Article 1 is Standardize the identification of famous trademarks, protect the legitimate rights and interests of famous trademark registrants and consumers, maintain market economic order, and promote economic development. In accordance with the provisions of the Trademark Law of the People's Republic of China and relevant laws and regulations, combined with the actual conditions of this province , formulate these regulations.

Article 2 These regulations must be followed when identifying and protecting famous trademarks within the administrative region of this province.

Article 3 Famous trademarks as mentioned in these Regulations refer to registered trademarks that are well known to the relevant public, have high market reputation and commercial value, and are recognized in accordance with the provisions of these Regulations.

Article 4 The recognition of famous trademarks shall follow the principles of voluntary application, openness, fairness and case-by-case determination.

Article 5 The industrial and commercial administration department is responsible for the identification and protection of famous trademarks.

Article 6 People’s governments at all levels should encourage enterprises, institutions and individual industrial and commercial households to improve product quality and trademark reputation and create famous trademarks.

Chapter 2 Recognition of Famous Trademarks

Article 7 Famous trademarks are recommended by the industrial and commercial administration department of the districted city and recognized by the provincial industrial and commercial administration department.

No organization or individual may recognize or use other methods to disguisely recognize famous trademarks.

Article 8 To apply for recognition of a famous trademark, the following conditions must be met:

(1) The registrant of the trademark is an enterprise, institution, or individual industrial and commercial household established in accordance with the law in this province;

(2) The trademark has been continuously used for three years from the date of registration approval;

(3) The goods referred to by the trademark have excellent quality and after-sales service among similar goods in the province or domestically. , and has a high reputation and good market reputation among the relevant public;

(4) The sales volume, tax amount, profit, market share and other economic indicators of the goods referred to by the trademark are within the province or Leading among similar products in China;

(5) The trademark registrant has strict measures for the use, protection and management of product labels.

Article 9 To apply for recognition of a famous trademark, the following documents or materials shall be submitted:

(1) Application form;

(2) Proof of applicant’s qualifications Relevant certificates or copies of the trademark;

(3) Relevant documents or information on the quality of the goods referred to by the trademark issued by relevant departments at or above the provincial level or industry associations;

(4) Provincial Relevant documents or information issued by relevant departments or industry associations at or above the level of sales, taxes, profits, market share and other major economic indicators of the goods referred to by the trademark in the past three years and their ranking in the same industry in the province or domestic country ;

(5) Advertisement release of the trademark;

(6) Information related to the use, management and protection of the trademark;

(7) Relations with Other documents related to the trademark's popularity.

Article 10 If a trademark registrant believes that its trademark complies with the provisions of Article 8 of these Regulations, it may apply for recognition of a famous trademark to the industrial and commercial administration department of the districted city where it is located.

The industrial and commercial administrative department of a districted city shall complete the review within 20 days from the date of receipt of the application for famous trademark recognition. Those deemed to meet the qualifications will be recommended to the provincial industrial and commercial administration department; those deemed not to meet the qualifications will not be recommended and the application will be returned with a written explanation of the reasons.

Article 11 If a trademark registrant applying for recognition of a famous trademark has objections to the review opinion of disapproval, he or she may submit a review application to the provincial industrial and commercial administration department.

The provincial industrial and commercial administration department will make a review decision within 20 days from the date of receipt of the review application. If the reasons for the application are valid, the application shall be accepted by the provincial industrial and commercial administration department; if the reasons for the application are not valid, the application shall not be accepted and the reasons shall be explained in writing.

The review decision of the provincial industrial and commercial administration department is final.

Article 12 After receiving an application for famous trademark recognition recommended by the districted city’s industrial and commercial administration department, the provincial administrative department for industry and commerce shall investigate and review the application materials and provide review opinions within sixty days. Those deemed to meet the recognition conditions will be submitted to the famous trademark review committee for review; those deemed not to meet the recognition conditions will be returned with a written explanation of the reasons.

Article 13 The Famous Trademark Review Committee is organized and established by the provincial industrial and commercial administration department and is responsible for the review of famous trademarks.

The composition of the famous trademark review committee, as well as the qualifications, terms of office and review procedures, etc., shall be stipulated by the provincial industrial and commercial administration department and reported to the provincial government for record.

Article 14 The Famous Trademark Review and Adjudication Committee shall review and demonstrate the authenticity and accuracy of the application materials. Whether the registered trademark meets the conditions specified in Article 8 of these Regulations shall be determined by the Famous Trademark Review and Adjudication Committee. More than two-thirds of the personnel passed the confirmation.

Article 15 The Provincial Administration for Industry and Commerce shall recognize those qualified as famous trademarks confirmed by the Famous Trademark Review and Adjudication Committee, issue a "Hebei Province Famous Trademark Certificate", and announce it in provincial newspapers and periodicals; If the trademark is not recognized as a famous trademark, the application materials shall be returned and the reasons shall be explained in writing.

Article 16 A famous trademark shall be valid for three years from the date of recognition. Within three months before the expiration of the validity period, the famous trademark registrant may apply to the provincial industrial and commercial administration department for renewal, and the renewal will be granted if the conditions specified in Article 8 of these Regulations are met. Each extension is valid for three years.

If a famous trademark fails to go through the renewal procedures after its expiration date, the words and logo of "Hebei Province Famous Trademark" may not continue to be used.

Article 17 When a trademark registrant applies for recognition of a famous trademark, he shall pay an evaluation fee. The specific fee standards shall be stipulated by the Provincial People's Government.

Chapter 3 Protection and Management of Famous Trademarks

Article 18 Other enterprises and individual industrial and commercial households in the same industry or related industries, within two years before the date of recognition of a famous trademark, shall If the same or similar words as the trademark are used as the name and size, causing public misunderstanding, the famous trademark registrant may apply to the provincial industrial and commercial administration department to cancel the company name and size within one year from the date of recognition of the famous trademark. Whether to revoke or not shall be decided by the provincial industrial and commercial administration department.

Article 19 From the date of recognition of a famous trademark, other enterprises and individual industrial and commercial households in the same industry will use the same or similar words as the famous trademark as their names and sizes, which may easily cause public misunderstanding. If it is not recognized, the industrial and commercial administration department will not approve the registration.

Other enterprises and individual industrial and commercial households in different industries use words that are the same as or similar to the famous trademark as their names and sizes, implying that the enterprise or individual industrial and commercial household has some connection with the famous trademark registrant. If it may cause damage to the legitimate rights and interests of the famous trademark registrant, the industrial and commercial administrative department will not approve the registration.

If a registration is made in violation of the provisions of the first two paragraphs of this article, the registrant of a famous trademark shall have the right to apply to the industrial and commercial administrative department that approved the registration or the higher-level industrial and commercial administrative department for cancellation.

Article 20 If any of the following circumstances occurs, the provisions of paragraphs 1 and 2 of Article 19 shall not apply:

(1) The text of the famous trademark is county-level The names of the above administrative divisions;

(2) The words of the famous trademark are the names of rivers, lakes, mountains and scenic spots that are famous throughout the country or the province;

(3) The famous trademark The text has other public properties.

Article 21 Without the permission of the famous trademark registrant, the same or similar packaging and decoration unique to the goods referred to by the famous trademark shall not be printed or used without authorization.

The unique packaging and decoration of the goods referred to by famous trademarks shall be determined with reference to the provisions of Article 30 of the "Hebei Province Anti-Unfair Competition Regulations".

Article 22 Producers of non-similar goods shall not use words or graphics that are identical or similar to famous trademarks as their product names or decorations or use them as unregistered trademarks, thereby implying that the goods are similar to those of famous trademarks. There is some connection between famous trademark registrants.

Article 23 Famous trademark registrants may use the words and logo "Hebei Province Famous Trademark" on the goods referred to by their famous trademarks and their packaging, decoration, instructions and advertisements.

Producers of goods that have not been recognized as famous trademarks are not allowed to use the words and logos of "Hebei Province Famous Trademarks".

Article 24 Famous trademark registrants may apply to the provincial industrial and commercial administration department in accordance with the law for a company name bearing the word "Hebei".

Article 25 The well-known trademarks recommended by the provincial administrative department for industry and commerce to the national administrative department for industry and commerce shall be recommended from among the well-known trademarks.

Article 26 If the registrant of a famous trademark transfers its registered trademark in accordance with the law, the famous trademark qualification of the trademark will be automatically lost.

Article 27 When the registrant of a famous trademark permits others to use its registered trademark in accordance with the law, it shall report it to the provincial industrial and commercial administration department for record within thirty days of signing the trademark license contract.

If a famous trademark registrant changes its name, address or other registration information in accordance with the law, it shall file a record with the provincial industrial and commercial administration department within thirty days from the date of the change of registration.

Article 28 If any of the following circumstances occurs, the provincial industrial and commercial administration department has the right to revoke its famous trademark qualification and make an announcement:

(1) Famous trademark applicant Fraud, or other improper means to defraud famous trademarks;

(2) Industrial and commercial administrative personnel and members of the Famous Trademark Review and Adjudication Committee engage in favoritism and malpractice in the work of recommending, reviewing and identifying famous trademarks

(3) During the validity period, the famous trademark condition is lost;

(4) The famous trademark registrant violates the relevant provisions of trademark laws and regulations, and is subject to industrial and commercial administration Failure to make corrections despite being ordered by the department to make corrections within a time limit.

A well-known trademark that has been revoked shall be notified to the Famous Trademark Review and Adjudication Board.

Chapter 4 Legal Responsibilities

Article 29 Whoever violates the provisions of paragraph 2 of Article 7 of these Regulations shall be ordered to make corrections by the industrial and commercial administration department at or above the county level and shall be fined A fine of RMB 10,000 to RMB 50,000 shall be imposed; if there is any illegal income, the illegal income shall be confiscated and a fine of not less than one time but not more than three times of the illegal income shall be imposed.

Article 30 Anyone who violates the second paragraph of Article 16 and the second paragraph of Article 23 of these Regulations shall be punished in accordance with the provisions of Article 15 of the "Hebei Province Trademark Supervision and Punishment Regulations".

Article 31 Anyone who violates the provisions of Paragraph 1 of Article 21 of these Regulations shall be ordered by the industrial and commercial administration department at or above the county level to destroy the relevant packaging and decoration, and shall be fined not less than RMB 10,000 and RMB 50,000. A fine of not more than RMB 10,000 shall be imposed; if there is any illegal income, the illegal income shall be confiscated and a fine of not more than one time but not more than three times of the illegal income shall be imposed.

Article 32 Anyone who violates the provisions of Article 22 of these Regulations shall be ordered to make corrections by the industrial and commercial administration department at or above the county level, and shall be fined not less than RMB 5,000 but not more than RMB 30,000 depending on the seriousness of the case. .

Article 33 Anyone who commits the acts in Item (1) of Paragraph 1 of Article 28 of these Regulations shall be fined not less than RMB 30,000 but not more than RMB 50,000 by the provincial administrative department for industry and commerce.

Article 34 If a violation of the provisions of these Regulations causes damage to the legitimate rights and interests of a famous trademark registrant, the infringer shall be liable for compensation in accordance with the law, except that the industrial and commercial administration department shall order him to immediately stop the infringement. .

Article 35 If the party concerned is dissatisfied with the administrative penalty decision, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. If the person fails to apply for reconsideration or initiate administrative litigation within the time limit, and fails to implement the penalty decision, the authority that made the penalty decision shall apply to the People's Court for compulsory execution.

Article 36 If industrial and commercial administrative personnel violate the provisions of Article 19 of these Regulations, their unit or the superior department shall order them to make corrections. Those who should not register but deliberately register shall be criticized and educated; If the circumstances are serious, administrative sanctions will be imposed.

Article 37 If industrial and commercial administrative personnel neglect their duties, abuse their power, engage in malpractice for personal gain in the work of identifying and protecting famous trademarks, and this constitutes a crime, they shall be investigated for criminal responsibility by the judicial organs in accordance with the law; if the circumstances are minor, they will not constitute a crime. If the violation occurs, administrative sanctions will be imposed by the unit to which he/she belongs or the superior department in charge.

If a member of the Famous Trademark Review and Adjudication Committee engages in favoritism or accepts bribes when confirming the qualifications of a famous trademark, and this constitutes a crime, the judicial authorities will investigate the criminal responsibility in accordance with the law; if it does not constitute a crime, his or her qualifications as a member of the Review Committee will be revoked. Administrative sanctions shall be imposed by the unit to which he/she belongs or the superior department in charge.

Chapter 5 Supplementary Provisions

Article 38 These Regulations apply to service marks.

Article 39 These Regulations shall come into effect on July 1, 1999.