Chapter 1 General Provisions Article 1 In order to standardize the identification of famous trademarks in Chengdu, strengthen the protection of famous trademarks in Chengdu, encourage trademark registrants to actively create well-known trademarks, and promote economic development, according to the "People's Republic of China *** and the National Trademark Law" and other laws and regulations, combined with the actual situation of Chengdu City, these regulations are formulated. Article 2 The Chengdu famous trademarks (hereinafter referred to as famous trademarks) as mentioned in these regulations refer to registered trademarks that enjoy a high reputation in the market, are known to the relevant public, and are being used legally by the trademark owner. Article 3 The identification and protection of famous trademarks shall follow the principles of openness, justice and fairness. Article 4 The Chengdu Municipal Administration for Industry and Commerce is responsible for the identification of famous trademarks, and the Chengdu Municipal Administration for Industry and Commerce at all levels should strengthen the protection of famous trademarks. Chapter 2 Application and Recognition Article 5 Recognition of famous trademarks shall be subject to voluntary application by trademark registrants. To apply for recognition of a famous trademark, the following conditions must be met:
(1) It must be a registered trademark, the trademark registrant’s residence is within the administrative area of ??this city, and there is no dispute over trademark ownership;
( 2) The actual use time is more than three years;
(3) It is known to the relevant public in the market;
(4) The quality of the goods using the trademark is excellent and stable;
(5) The products cover a wide area and have a high market share;
(6) There has been no infringement of the exclusive rights of others’ registered trademarks;
(7) Have a strict trademark use management and protection system. Article 6 When applying for recognition of a famous trademark, the following documents and materials should be provided.
(1) Application form;
(2) Original and copy of trademark registration certificate;
(3) Sales volume and sales of goods using the trademark Regional certification materials;
(4) Promotion and advertising of goods using the trademark;
(5) Main economic indicators of the goods using the trademark in the past three years;
(6) Evaluations or feedback from consumers and users. Article 7 The Chengdu Administration for Industry and Commerce shall review the relevant materials within fifteen days from the date of receipt of the famous trademark application. If the conditions are met, the application shall be accepted; if the conditions are not met, the application and relevant materials shall be returned and the reasons shall be explained. If the application is accepted or rejected, a written notice shall be sent to the applicant. Article 8 After accepting an application for a famous trademark, the Chengdu Administration for Industry and Commerce shall seek opinions from consumer associations, industry associations or relevant departments, and organize a review within sixty days. Those that meet the conditions will be recognized and announced, and a famous trademark certificate will be issued; those that do not meet the conditions will not be recognized, and the applicant will be notified in writing and the reasons will be given. Article 9 The validity period of a famous trademark is three years, calculated from the date of announcement. Three months before the expiration of the validity period or within three months after the expiration of the validity period due to special reasons, the owner of a famous trademark may apply for review and recognition. Those that meet the conditions will be reviewed and determined and announced. Chapter 3 Management and Protection Article 10 Famous trademark owners shall strengthen the management and protection of their famous trademarks and consciously safeguard the reputation of famous trademarks. Upon application by the owner of a well-known trademark, the Chengdu Administration for Industry and Commerce can recommend it to participate in the recognition of well-known trademarks. Article 11 If the owner of a famous trademark commits any of the following circumstances, his famous trademark shall be revoked:
(1) He commits fraud, forges certification materials, and defrauds the famous trademark;
(2) ) Not used according to the approved trademark and approved product scope;
(3) Products using famous trademarks are shoddily manufactured and passed off as inferior, thereby deceiving consumers;
(4) Other violations of relevant laws, regulations and rules. Article 12 If the owner of a famous trademark has any of the following circumstances, his famous trademark shall be cancelled:
(1) During the validity period, the famous trademark conditions are lost;
(2) Failure to apply for review in accordance with these regulations upon expiration of the validity period;
(3) The registered trademark has been revoked. Article 13 No unit or individual may forge, alter, or make, rent, lend, or transfer famous trademark certificates without authorization. If a famous trademark is revoked or cancelled, the Chengdu Administration for Industry and Commerce shall confiscate its famous trademark certificate and make an announcement.
Article 14 From the date of announcement of a famous trademark, if others use words that are identical or similar to the famous trademark as part of the company name, and may cause misunderstanding by the public, the industrial and commercial administration authorities will not approve the registration; if it has been registered, The owner of a famous trademark may request the industrial and commercial administration authority to cancel it within two years from the date he knows or should know it, except for cases that have been registered before the announcement. Article 15 On non-similar goods, words or graphics that are identical or similar to others’ well-known trademarks are used as product names, decorations, or as unregistered trademarks, and this will imply that the goods have some connection with the owner of the famous trademark, thus If the rights and interests of the owner of a famous trademark may be harmed, the owner of the famous trademark may, within two years from the date when he knows or should know that his rights and interests have been harmed, request the industrial and commercial administration to stop it. If two or more identical or similar trademarks are recognized as famous trademarks, the provisions of the preceding paragraph shall not apply when used on non-similar goods. Article 16 It is prohibited to fabricate or spread false facts to disparage or damage famous trademarks. Article 17 The provisions of Article 14 shall not apply in any of the following circumstances:
(1) The text of the famous trademark is the name of an administrative division at or above the county level;
(2) The words of the famous trademark are the names of rivers, rivers, lakes, mountains and scenic spots that are famous for the country, province or city;
(3) The words of the famous trademark have other public properties.