A famous trademark in Beijing refers to a registered trademark that enjoys a high reputation in the market, is well known to the relevant public, and is recognized in accordance with the Measures for the Recognition and Protection of Famous Trademarks in Beijing.
Second, the conditions for applying for a famous trademark
1. The trademark is a valid registered trademark, and the ownership of the trademark is undisputed;
2. The trademark owner is a natural person, legal person or other economic organization in Beijing;
3. The trademark has been used continuously for three years since the date of approval and registration, and the quality of the goods using the trademark is stable and meets the relevant national standards;
4. The main economic indicators such as sales, tax payment, profit, etc. of the goods using the trademark have been ahead in the same industry for three consecutive years in the recent period, and have a high market share;
5. The trademark is recognized by consumers and has a high reputation in relevant markets;
6. The trademark owner has a strong awareness of trademark protection and strict measures for trademark use, management and protection, and there is no trademark violation.
III. Time and process of application
1. Preparation: March-May; Collect evidence and sort out materials in accordance with the identification methods and previous reporting requirements.
2. Application: June-July; Apply for the recognition of famous trademarks to the local district and county industrial and commercial branches, and the municipal trade association will issue a recommendation form for famous trademarks in Beijing.
3. Recommended: August; The district and county industrial and commercial branches recommend to the Municipal Administration for Industry and Commerce, organize relevant investigations and demonstrations, consult the opinions of relevant regions, departments, industry organizations and social groups, and make a decision on whether to recognize or not to recognize them.
4. Acceptance: September; The Municipal Administration for Industry and Commerce accepts the application for confirmation, and the deadline is September 3th.
5. Evaluation: February-May; Beijing Administration for Industry and Commerce organizes the review and identification work;
6. Announcement: May; Beijing Administration for Industry and Commerce issued official documents and announced them to the public through the media.
Different from the "case start" procedure of well-known trademarks in China, the recognition of well-known trademarks adopts the procedure of active application by enterprises and examination and approval by the recognition authorities. Famous trademarks are usually an annual examination and approval procedure, and enterprises that miss the examination and approval opportunity can only wait for the next year to apply. Therefore, enterprises that wish to pass the famous trademark recognition in time must make full preparations in advance.
IV. Materials needed to declare a famous trademark
1. Proof of the subject qualification and credit status of the trademark owner;
2. A copy of the Trademark Registration Certificate;
3. The domestic sales area and sales volume of the goods using the trademark;
4. The sales, profits and taxes, market share and other major economic indicators and quality of the goods using the trademark in the past three years confirmed by relevant municipal departments or trade associations;
5. The advertising information of the goods using the trademark in the past three years;
6. The registration, use and management of the trademark by the trademark owner;
7. Trademark infringement and counterfeiting;
8. Other documents required to apply for a famous trademark.
V. Validity of famous trademarks
1. Once a famous trademark is recognized, it is valid for three years from the date of announcement;
2. During the validity period, it will be recorded as good information in the city's industrial and commercial credit information system and enterprise name registration information base, and the relevant provisions of the Anti-Unfair Competition Law can be applied, which will be protected by well-known trademarks;
3. The owner of a famous trademark can make extensive publicity by using the famous trademark within the period of validity, so as to enhance the brand awareness;
4. The owner of a famous trademark may request the administrative department for industry and commerce to give special protection within one year from the date when he knows that his trademark exclusive right has been damaged.
VI. Special protection of famous trademarks
1. Since the date of announcement of famous trademarks, if others use words identical or similar to the famous trademarks as the brand names of enterprises that produce the same or similar products, which may cause public misunderstanding, the administrative department for industry and commerce shall not approve the registration;
2. No unit or individual is allowed to use the name, packaging and decoration unique to or similar to the famous trademarks of Beijing without authorization, causing public misunderstanding;
3. No unit or individual may vilify or belittle famous trademarks in Beijing in any way.