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Measures for the recognition and protection of well-known enterprise names in Suzhou

Article 1: In order to protect the intellectual property rights of enterprises, standardize the identification, use and management of well-known names of enterprises, encourage enterprises to use original names and safeguard the legitimate rights and interests of enterprises, in accordance with the "People's Revolution of the People's Republic of China and the National Anti-Unfair Laws and Regulations" The Competition Law, the Regulations on the Registration and Management of Enterprise Names and other laws and regulations are formulated based on the actual conditions of this city. Article 2 These Measures shall apply to the identification, use, management and protection of well-known names of enterprises within the administrative region of this city.

The well-known names of enterprises referred to in these Measures refer to enterprises that enjoy a high commercial reputation, are familiar and known to the relevant public, are significantly different from other enterprises' iconic words, and are recognized in accordance with these Measures. Font size. Article 3 People's governments at all levels shall establish and improve mechanisms for the management and protection of well-known corporate names, and organize and coordinate relevant departments to protect well-known corporate names. Article 4 The industrial and commercial administrative department is the department in charge of the identification of well-known names of enterprises and is specifically responsible for the management and protection of well-known names of enterprises.

Relevant administrative departments shall, in accordance with their respective responsibilities, do a good job in cultivating and protecting well-known corporate names. Article 5: Relevant industry organizations should guide enterprises to self-discipline, self-regulate, and self-manage, and promote enterprises to innovate independent brands. Article 6 The industrial and commercial administration department, together with relevant municipal government departments, industry associations, experts, scholars, and lawyers, shall form a Well-known Enterprise Name Evaluation Committee to be specifically responsible for the evaluation of well-known enterprise names. Article 7: The recognition of well-known names of enterprises shall respect history and follow the principles of openness, fairness, impartiality, and integrity. No fees shall be charged to enterprises or funds shall be accepted from enterprises. Article 8 Enterprises that meet the following conditions may voluntarily submit an application for recognition of a well-known enterprise name: (1) The enterprise name has been used continuously for more than five years and is original;

(2) Be well-known to the relevant public and have high market awareness and credibility;

(3) Have good operating performance for three consecutive years;

(4) Have a scientific and complete enterprise Management system, no quality accidents for five consecutive years;

(5) Operating in accordance with the law, no relevant intellectual property disputes, and no serious illegal or untrustworthy behavior for five consecutive years. Article 9 A name shall not be recognized as a well-known enterprise name under any of the following circumstances:

(1) A common place name, administrative division name, or its abbreviation or common name;

(2) Using the names of famous rivers, rivers, lakes, seas, mountains and scenery as trade names;

(3) Using other people’s well-known names, well-known trademarks, famous trademarks, or words identical or similar to well-known trademarks as trade names

(4) Text with general or public interest characteristics;

(5) Other situations that violate national laws, regulations and rules.

The stipulations in Items (1), (2) and (4) of the preceding paragraph exclude the historically formed, socially recognized and specific font sizes. Article 10 To apply for recognition of a well-known enterprise name, the following materials should be submitted:

(1) "Application Form for Recognition of a Well-known Enterprise Name in Suzhou";

(2) Approval of use by the enterprise registration management authority Relevant certificates of the starting date of the enterprise's trade name;

(3) Copy of the "Business License";

(4) Annual balance sheet for five consecutive years;

(5) Basic information of the enterprise and relevant documents and certificates of honorary titles or awards obtained by the enterprise;

(6) Relevant certificates of market share of goods (services) in the industry or advertising expenses Materials;

(7) Relevant product quality (service) management system certification or enterprise name management system;

(8) Other relevant documents and supporting materials. Article 11 For group enterprises, the core enterprise of the group will generally be the applicant for the recognition of a well-known name. After recognition, the core enterprise of the group will be the owner of the well-known name. A subsidiary of the core enterprise of the group can also be the applicant for the well-known name. After identification, the subsidiary will be the owner of the well-known name.

Article 12 Procedures for identification of well-known names of enterprises:

(1) Submit a written application to the local industrial and commercial administrative department;

(2) The local industrial and commercial administrative department shall review the materials submitted by the enterprise Conduct a preliminary review, and if necessary, conduct an on-site inspection. If the preliminary review passes, report to the municipal administrative department for industry and commerce;

(3) The municipal administrative department for industry and commerce organizes a well-known enterprise name review committee to conduct an evaluation. If the conditions are met, a consultation will be issued. Announcement and solicit opinions from all walks of life.

(4) If there is no objection within three months after the announcement of the consultation is issued, the municipal administrative department for industry and commerce will report it to the Municipal People's Government for announcement and issue a "Suzhou Enterprise Well-known Name Certificate". Article 13: Well-known names of enterprises shall be protected throughout the city from the date of publication of the recognition announcement. Without the permission of the owner of the well-known name, other enterprises and individuals may not use words that are the same as or similar to the well-known name as trade names that may cause misunderstanding by the public.

The owner of a well-known corporate name can mark the words "Suzhou well-known corporate name" on plaques, packaging, and instructions, and can use the well-known corporate name for advertising.

Encourage enterprises with well-known corporate names to develop chain or franchise operations. Article 14 If any of the following circumstances occurs, the municipal administrative department for industry and commerce shall request the Well-known Enterprise Name Review Committee to revoke the enterprise’s well-known name after confirmation, and report to the Municipal People’s Government for announcement:

(1) Fraud , Forging certification materials to defraud the well-known name of the enterprise;

(2) Seriously damaging the legitimate rights and interests of consumers and operators, causing adverse social impact;

(3) Violating good faith In principle, any illegal conduct such as harming the legitimate rights and interests of others during use;

(4) Other illegal conduct, and the circumstances are serious and subject to investigation and punishment;

(5) Loss of the conditions for recognition of well-known corporate names

(6) Other situations that violate laws, regulations and rules.

If an enterprise requests to give up the "Suzhou Enterprise Well-known Name" it has obtained, the municipal industrial and commercial administration department will announce it to the public.