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Measures for the recognition and protection of famous trademarks in Guizhou Province

Chapter 1 General Provisions Article 1 is to standardize the recognition of famous trademarks in Guizhou Province, protect the legitimate rights and interests of owners, users and consumers of famous trademarks in Guizhou Province, maintain trademark credibility, and improve the quality and quality of goods and services. To enhance the visibility of trademarks and promote economic and social development, these measures are formulated in accordance with the Trademark Law of the People's Republic of China, the Implementation Regulations of the Trademark Law of the People's Republic of China and other laws and regulations, and in light of the actual conditions of this province. Article 2 Famous trademarks in Guizhou Province refer to valid registered trademarks that enjoy a high reputation in the market, are known to the relevant public, and are recognized in accordance with these Measures.

These Measures shall apply to the identification, management and protection of famous trademarks in Guizhou Province within the administrative region of this province. Article 3 The Provincial Administration for Industry and Commerce is responsible for the identification, management and protection of famous trademarks in Guizhou Province; the administrative departments for industry and commerce at or above the county level are responsible for the management and protection of famous trademarks in Guizhou Province within their respective jurisdictions and assist in the identification work.

Relevant departments such as economy and information technology, science and technology, finance, commerce, taxation, quality and technical supervision, and intellectual property rights shall carry out the identification and protection of famous trademarks in Guizhou Province within the scope of their respective responsibilities. Article 4 The recognition of famous trademarks in Guizhou Province follows the principles of voluntary application and openness, fairness, justice and integrity. Article 5 People's governments at or above the county level encourage trademark owners to strive to create famous trademarks in Guizhou Province, and those with outstanding achievements will be commended and rewarded in accordance with relevant national and provincial regulations. Chapter 2 Application and Recognition Article 6 The Provincial Administration for Industry and Commerce shall organize the establishment of the Guizhou Province Famous Trademark Review Committee (hereinafter referred to as the Review Committee), which shall be responsible for the review of famous trademarks in Guizhou Province.

The review committee has an office responsible for reviewing application materials for famous trademarks in Guizhou Province, reviewing objections to preliminary examinations and re-examinations, and other tasks for reviewing famous trademarks in Guizhou Province.

Municipal and state industrial and commercial administration bureaus are responsible for the review and on-site review of Guizhou Province’s famous trademarks within their respective jurisdictions; county-level industrial and commercial administration bureaus are responsible for the preliminary review and on-site verification of Guizhou Province’s famous trademarks within their respective jurisdictions. Article 7 The evaluation committee is composed of representatives and experts from relevant departments such as industry and commerce, economy and information technology, science and technology, finance, commerce, taxation, quality and technical supervision, and intellectual property rights, as well as legal, science and technology, economics and other related industries. Article 8 If a member of the evaluation committee has an interest in the applicant, he or she shall take the initiative to apply for recusal.

If the applicant and interested parties believe that the review committee members have an interest in the Guizhou Province famous trademark they apply for recognition, they have the right to ask them to recuse themselves.

The withdrawal of a member of the Jury Committee shall be decided by the Chairman of the Jury Committee; the withdrawal of the Director of the Jury Committee shall be decided by the collective discussion of the Jury Committee. Article 9 An application for recognition of a famous trademark in Guizhou Province may be filed by the trademark owner, or jointly by the trademark owner and the exclusive licensee. Article 10 An application for recognition of a famous trademark in Guizhou Province shall meet the following conditions:

(1) The registered address of the trademark is within the administrative region of the province; (2) The trademark has been registered since the date of registration. It has been used continuously for more than two years and remains valid, and there is no ownership dispute;

(3) The trademark enjoys a high reputation in the market, is known to the relevant public, and the quality of the goods or services is excellent and stable;

(3) The trademark enjoys a high reputation in the market, is known to the relevant public, and the quality of the goods or services is excellent and stable; p>

(4) The annual output, sales, profits and taxes, market share and other major economic indicators of the goods or services approved for use by the trademark in the past two years have taken a leading position in the same industry in the province;

(5) The applicant has a trademark management organization and a trademark use management system. Article 11 Applications for recognition of famous trademarks in Guizhou Province shall be made for one trademark per application. However, if the applicant has registered multiple identical trademarks for different goods or services of the same category, the application may be submitted together. Article 12 If a famous trademark in Guizhou Province fails to apply for renewal within the time limit or the ownership is transferred, a new application for recognition shall be submitted.

Article 13 To apply for recognition of a famous trademark in Guizhou Province, the following materials should be submitted:

(1) "Application Form for Recognition of Famous Trademarks in Guizhou Province";

(2) Approved by the trademark owner A copy of the signed and stamped "Business License", a copy of other subject qualification certification documents and a copy of the "Trademark Registration Certificate";

(3) The annual sales of the goods or services using the trademark in the past two years Main economic indicators such as output, sales volume, sales area, sales volume, profits and taxes, as well as product quality and safety status, as well as advertising and investment status;

(4) The trademark owner’s registration, registration and exclusive right to the trademark Materials for use, management and protection;

(5) If the goods used in the trademark verification are subject to production licenses and compulsory product certifications, relevant certificates such as production license certificates and compulsory product certification certificates should be provided Materials;

(6) Other materials that can prove that the trademark is famous.

The "Guizhou Province Famous Trademark Recognition Application Form" is formulated by the Provincial Administration for Industry and Commerce and published on the portal website. Applicants can download it for free. Article 14 If the applicant changes the name of the enterprise or changes the trademark registration items during the process of applying for recognition of famous trademarks in Guizhou Province, the applicant shall provide change materials. Article 15 The county-level industrial and commercial administration bureau will conduct a preliminary review and on-site verification within 20 days from the date of receipt of the Guizhou Province famous trademark application materials. If the conditions are met, it will be submitted to the municipal or state industrial and commercial administration bureau; if the conditions are not met, it will be returned. Apply and explain the reasons in writing. The municipal and state industrial and commercial administration bureaus shall review the application materials within 20 days from the date of receipt of the materials submitted by the county-level industrial and commercial administration bureaus. If necessary, they shall conduct an on-site review. If the conditions are met, they shall be submitted to the review committee office; if the conditions are not met, they shall be submitted to the review committee office. , return the application and explain the reasons in writing.

If the application materials are incomplete and need to be supplemented and corrected, the applicant shall be informed of all the content that needs to be supplemented and corrected at once, and the applicant shall make supplements and corrections within 5 days; if the application materials are not supplemented and corrected as required, the application shall be deemed to have been withdrawn.