The term "well-known trademark" as mentioned in these Measures refers to a registered trademark owned or exclusively used by a natural person, legal person or other organization within the administrative area of this Municipality, which enjoys a high reputation and is known to the relevant public and recognized in accordance with these Measures. Article 3 People's governments at all levels shall strengthen their leadership in trademark management, establish and improve the management and protection mechanism of well-known trademarks, and organize the protection of well-known trademarks. Article 4 The administrative department for industry and commerce is the competent department for the identification and protection of well-known trademarks, and is specifically responsible for the management of well-known trademarks.
relevant departments shall, according to their respective responsibilities, do a good job in the cultivation and protection of well-known trademarks. Article 5 The Suzhou Famous Trademark Recognition Committee shall be specifically responsible for the recognition of well-known trademarks.
Suzhou well-known trademark recognition Committee is composed of the municipal administrative department for industry and commerce, relevant departments, trade organizations, experts and scholars. Article 6 The identification and protection of well-known trademarks shall follow the principles of openness, fairness and impartiality. Article 7 Relevant trade organizations shall guide and encourage producers and business operators to register trademarks, implement trademark strategies and strive for well-known trademarks. Article 8 The identification of a well-known trademark shall be voluntarily applied by the applicant and meet the following conditions:
(1) The applicant shall be a producer or operator who has valid ownership or use right of a registered trademark within the administrative area of this Municipality;
(2) The trademark has a high popularity among the relevant public, and its publicity coverage, publicity time and advertising volume are among the highest in the same industry in this city;
(3) the goods using the trademark have a high market share, and the main economic indicators such as sales and tax payment in the past three years are among the top in the same industry in this city;
(4) the trademark has been continuously used for 3 years from the date of approval and registration;
(5) The quality of the goods using the trademark meets the standards and the after-sales service is standardized, and there have been no effective major complaints in recent 3 years;
(6) The applicant has a sound management organization and management system;
(7) The applicant has not infringed upon the exclusive right to use another person's registered trademark or engaged in other serious illegal business operations in recent 3 years.
an application for a trademark used for a commodity with a long history, social recognition and the characteristics of this municipality may not be restricted by the conditions in items (2), (3) and (4) of the first paragraph of this article. Article 9 an applicant shall submit the following materials when applying for the recognition of a well-known trademark:
(1) an application form for the recognition of a well-known trademark in Suzhou;
(2) the applicant's qualification certificate;
(3) the certificate of ownership of the trademark;
(4) certification materials for the use of the trademark;
(5) annual financial audit reports for the last three years;
(6) relevant materials proving the publicity coverage, publicity time, advertising volume and market reputation of the trademark;
(7) certificate of product quality inspection in recent 3 years;
(8) certification materials such as trademark management organization and management system;
(9) Other relevant certification materials. Article 1 procedures for the identification of well-known trademarks:
(1) the applicant submits a written application to the local county-level city or district administrative department for industry and commerce.
(2) The administrative department for industry and commerce of the county-level city and district shall conduct preliminary examination of the submitted application materials. If it passes the preliminary examination, it shall be reported to the municipal administrative department for industry and commerce; If it fails, the application materials shall be returned and the reasons shall be explained.
(3) The municipal administrative department for industry and commerce shall examine the application materials and solicit opinions from relevant departments. After examination and approval, it shall be submitted to Suzhou Famous Trademark Recognition Committee for review.
(4) If the Certification Committee considers that it meets the requirements for the certification of well-known trademarks after review, it shall make a public announcement for a period of 3 days. If there is no objection or no objection is established during the publicity period, it shall be recognized and reported to the Municipal People's Government for publication. Eleventh well-known trademarks are recognized once a year, and the validity period is 3 years, counting from the date of announcement. If it is necessary to continue to use it at the expiration, the owner of the well-known trademark shall apply for re-identification 3 months before the expiration of the validity period; If no application is made at the expiration of the period, the well-known trademark will automatically become invalid. Twelfth well-known trademark owners can use the words "Suzhou famous trademark" in the packaging, decoration, brochures, transaction documents, advertising, exhibitions and other business activities of the approved goods. Article 13 A well-known trademark shall be protected by the following within its validity period:
(1) No unit or individual may, without authorization, use words identical or similar to the well-known trademark as the name or shop name of an enterprise that produces or sells identical or similar goods; However, the words of the well-known trademark are rivers, lakes, mountains and rivers, places of historic interest and unique regions or the names of animals and plants;
(2) No unit or individual may, without authorization, use the unique name, packaging and decoration of goods with well-known trademarks in Suzhou, or the names, packaging and decoration similar to them;
(3) No unit or individual may vilify or belittle the reputation of well-known trademarks in any way;
(4) other protective measures stipulated by laws, regulations and rules.