The provisions of these Measures on commodity trademarks shall apply to service trademarks. Article 3 The term "famous trademark" as mentioned in these Measures refers to a registered trademark that enjoys a high reputation in the market, is well known to the relevant public, and has been recognized in accordance with these Measures. Article 4 The identification of famous trademarks shall follow the principles of openness, justice and fairness. Article 5 The identification and protection of famous trademarks shall be organized and implemented by the administrative department for industry and commerce of the autonomous region. Other organizations and individuals may not identify famous trademarks.
No fees shall be charged for the identification of famous trademarks. Article 6 People's governments at all levels shall take measures to encourage trademark registrants to improve the quality of goods and the reputation of trademarks and create famous trademarks.
Trademark registrants should raise trademark awareness, formulate trademark development strategies and strive for well-known trademarks. Article 7 An application for the recognition of a famous trademark shall meet the following conditions:
(1) Trademark registrants are enterprises, institutions, social organizations, individual industrial and commercial households and other economic organizations legally established within the administrative area of the autonomous region;
(2) The trademark has been used continuously for three years since the date of approval and registration, or has actually been used for more than three years although it has not been registered for three years;
(3) The goods using the trademark have a perfect quality management system, and the quality is stable in the product quality certification supervision and spot check organized by the relevant departments of the state and the autonomous region, and the product quality meets the relevant standards;
(four) the sales volume and market share of the goods using the trademark in the past three years are in the forefront of the same industry in the region, and the after-sales service is good;
(5) The trademark registrant has not infringed upon the exclusive right to use a registered trademark of others. Article 8 Where a trademark registrant thinks that its registered trademark conforms to the provisions of Article 7 of these Measures, he may apply to the administrative department for industry and commerce at or above the county level for the recognition of a famous trademark and provide relevant materials.
The administrative department for industry and commerce shall complete the examination within 05 days from the date of accepting the application. Those who meet the conditions shall be recommended to the administrative department for industry and commerce of the autonomous region; those who do not meet the conditions shall not be recommended, and the application shall be returned with a written explanation. Article 9 If a trademark registrant has any objection to not recommending it, he may apply to the administrative department for industry and commerce of the autonomous region for review.
The administrative department for industry and commerce of the autonomous region shall make a review decision within 20 days from the date of receiving the application for review, and explain the reasons in writing. Article 10 After receiving the recommended application materials, the administrative department for industry and commerce of the autonomous region shall complete the examination within 60 days. Those that meet the requirements shall be submitted to the famous trademark review and adjudication board for review; For those who do not meet the requirements, the application materials shall be returned and the reasons shall be explained in writing. Eleventh famous trademark review and adjudication board organized by the administrative department for Industry and Commerce of the autonomous region, responsible for the review of famous trademarks.
The members of the famous trademark review and adjudication board are composed of comprehensive economic departments, relevant associations and experts. Twelfth famous trademark review and adjudication board shall examine and demonstrate the authenticity and accuracy of the application materials. Those who meet the requirements after review shall be approved by more than two thirds of all members of the review committee. Article 13 The administrative department for industry and commerce of the autonomous region shall publicize the famous trademarks recognized by the Famous Trademark Review and Adjudication Board within the autonomous region through the media for 30 days. If there is no objection at the expiration of the publicity period, the administrative department for industry and commerce of the autonomous region will issue the "Xinjiang Famous Trademark Certificate" and the "Xinjiang Famous Trademark" plaque, and make an announcement in the designated newspapers. Article 14 A famous trademark shall be valid for 3 years from the date of announcement. Within 3 months before the expiration of the validity period, the owner of a famous trademark may apply for extension, and each extension is valid for 3 years. Fifteenth famous trademark owners can use the words "Xinjiang famous trademark" in the approved use of goods and their packaging, decoration, description, advertising, exhibition and other activities.
If it is not recognized as a famous trademark, the words "Xinjiang famous trademark" shall not be used. Article 16 No unit or individual may, without authorization, use the unique name, packaging and decoration of the goods recognized as famous trademarks in Xinjiang, or the names, packaging and decoration similar to them. Seventeenth famous trademark owners can apply to the administrative department for Industry and Commerce of the autonomous region to directly use the word "Xinjiang" in their enterprise names. Article 18 The administrative department for industry and commerce of the autonomous region shall recommend to the state administrative department for industry and commerce trademarks that meet the requirements for the recognition of well-known trademarks. Article 19 If, from the date when a famous trademark is recognized, another person uses the same or similar words as the famous trademark in Xinjiang, the administrative department for industry and commerce shall not approve the registration. Article 20 Where the owner of a famous trademark licenses others to use its registered trademark, he shall report to the administrative department for industry and commerce of the autonomous region for the record within 30 days from the date of signing the trademark license contract.
Where the owner of a famous trademark changes its address and other registered items, it shall, within 30 days from the date of change, file with the administrative department for industry and commerce of the autonomous region. Twenty-first famous trademark owner in any of the following circumstances, the administrative department for Industry and Commerce of the autonomous region shall revoke its famous trademark qualification and make an announcement:
(1) practicing fraud or defrauding famous trademarks by improper means;
(two) doping, adulteration, fake genuine, shoddy, or substandard products as qualified products, harming the interests of consumers or users;
(3) During the validity period, the conditions of the famous trademark are lost.
In case of any of the acts listed in the preceding paragraph, any unit or individual may propose to the administrative department for industry and commerce of the autonomous region to revoke the famous trademark.