Chapter 1 General Provisions Article 1 In order to protect the legitimate rights and interests of famous trademark owners and consumers in Sichuan Province, maintain the market economic order, and promote economic development, in accordance with the Trademark Law of the People's Republic of China These regulations are formulated in accordance with the provisions of relevant laws and regulations and in light of Sichuan's actual conditions. Article 2 The term "famous trademarks of Sichuan Province" as mentioned in these regulations refers to registered trademarks that are known to the relevant public, have high visibility and credibility in the market, and are recognized in accordance with the provisions of these regulations. Article 3 These Regulations shall apply to the recognition, protection and management of famous trademarks in Sichuan Province. Article 4 The provincial industrial and commercial administration department is responsible for the identification, protection and management of famous trademarks in Sichuan Province.
Relevant administrative departments, industry associations, and consumer rights protection organizations should cooperate with the industrial and commercial administrative departments to identify and protect famous trademarks in Sichuan Province. Article 5 The recognition and protection of famous trademarks in Sichuan Province shall follow the principles of openness, fairness and impartiality. Chapter 2 Application and Recognition Article 6 Application for recognition of famous trademarks in Sichuan Province shall meet the following conditions:
(1) The applicant’s residence is within the administrative region of this province;
(2) The applicant is the owner of the registered trademark or a natural person, legal person or other organization that is licensed to use the registered trademark and authorized to apply;
(3) The trademark has been used continuously for more than three years from the date of approval of registration and the trademark There is no dispute over the ownership;
(4) The goods using the trademark have excellent and stable quality among similar and similar products in the industry, excellent after-sales service, and have a high market reputation;
( 5) In the past three years, the economic indicators such as sales, tax, profits, market share and other products using the trademark have been leading among similar products in the industry;
(6) The applicant has strict trademark use , management system and protection measures;
(7) The applicant has not intentionally infringed on the exclusive rights of others to register trademarks in the past three years. Article 7 The famous trademark of Sichuan Province shall be voluntarily submitted by the trademark owner to the provincial industrial and commercial administration department for recognition, and the following documents and materials shall be submitted:
(1) A copy of the identity or registration certificate signed by the statutory authority
(2) Original and copy of the "Trademark Registration Certificate";
(3) Application for recognition of famous trademarks in Sichuan Province;
(4) The output, quality, sales, tax amount, profit, market share and other major economic indicators of the goods using the trademark in the past three years, as well as their ranking among similar products in the industry;
(5) The Trademark advertising and publicity, participation in public welfare activities, etc.;
(6) Registration, use, management, and self-protection of the trademark at home and abroad.
Applicants can submit documents and materials to the municipal or state industrial and commercial administrative department or directly to the provincial industrial and commercial administrative department. The municipal and state industrial and commercial administrative departments shall forward the application materials to the provincial industrial and commercial administrative department within 10 days from the date of receipt. Article 8 The provincial industrial and commercial administration department shall conduct an examination within 10 days from the date of receipt of the application materials. If it meets the provisions of Article 7 of these Regulations, it shall be accepted; if it does not meet the provisions, the reasons shall be stated in writing, the applicant shall be notified within 10 days and the relevant materials shall be returned; if the application documents need to be supplemented and corrected, the applicant shall be notified in writing to make corrections within a time limit; no correction shall be made within the time limit. , it will be deemed as giving up the application.
The provincial administrative department for industry and commerce shall notify the applicant in writing of the accepted application and publish an announcement on the preliminary examination of famous trademarks in Sichuan Province in provincial newspapers and periodicals. Anyone can raise objections to a trademark announced in the preliminary examination within 30 days from the date of announcement. Article 9 After accepting an application, the provincial industrial and commercial administration department shall review and verify the authenticity, legality and accuracy of the application materials, and provide review opinions. During the review, opinions from relevant administrative departments, industry associations, and consumer rights protection organizations shall be sought, and relevant organizations may be entrusted to conduct social surveys.
Relevant administrative departments, industry associations and consumer rights protection organizations should truthfully provide written opinions to the provincial industrial and commercial administration department. Article 10 The provincial industrial and commercial administration department shall organize the establishment of the Sichuan Provincial Famous Trademark Recognition Committee and be responsible for its daily work. The recognition committee shall consist of no less than 40 experts in law, economics, science and technology and related industries, and shall be reported to the Provincial People's Government for filing.
Each time a provincial famous trademark is reviewed and recognized, the provincial industrial and commercial administration department will determine no less than 21 experts from various aspects of the recognition committee to form a famous trademark recognition group to collectively exercise the power of recognition. Article 11 The famous trademark recognition team shall review and recognize the trademark applied for recognition based on the materials submitted by the applicant and the review opinions of the provincial industrial and commercial administration department.
The recognition of famous trademarks in Sichuan Province shall be voted by all members of the famous trademark recognition group by secret ballot, and shall be approved by a two-thirds majority. Article 12 The specific identification standards for famous trademarks in Sichuan Province shall be formulated by the provincial industrial and commercial administration department in conjunction with relevant departments and submitted to the Provincial People's Government for approval before being announced. Article 13 A recognized trademark of Sichuan Province shall be issued a "Sichuan Province Famous Trademark Certificate" by the provincial industrial and commercial administration department, and shall be announced in major provincial newspapers and periodicals. Article 14 The validity period of famous trademarks in Sichuan Province is 3 years, calculated from the date of announcement. Three months before the expiration of the validity period or within 3 months after the expiration of the validity period due to special reasons, the right holder of a famous trademark in Sichuan Province may apply to the provincial industrial and commercial administration department for renewal. If the conditions specified in Article 6 of these Regulations are met, the provincial industrial and commercial administration department will confirm and announce it. Each renewal is valid for 3 years. If the trademark is not renewed within the time limit or fails to meet the conditions upon review, the famous trademark will become invalid and will be announced by the provincial industrial and commercial administration department.