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Chapter 2 Application and Recognition of the Regulations on Recognition and Protection of Famous Trademarks in Anhui Province

Article 6: Application for famous trademarks shall be made on a voluntary basis.

Article 7 To apply for a famous trademark, the following conditions must be met:

(1) The applicant is a trademark registrant whose domicile is within the administrative region of this province;

(2) The trademark has been used continuously for more than 3 years since the date of registration approval and there is no dispute over trademark ownership;

(3) The applicant has a complete trademark use management and protection system;

(4) The sales volume, tax amount, market share and other major economic indicators of the goods using the trademark in the past three years are among the best in the same industry within the province or outside the province;

(5) The goods using the trademark have excellent quality and after-sales service among similar goods in the province or outside the province, and have high visibility and good market reputation among the relevant public;

(6) Goods using the trademark There have been no quality and safety incidents in the past three years.

Article 8 To apply for a famous trademark, the trademark registrant shall submit the following application materials to the local industrial and commercial administration department for preliminary review:

(1) Application form for famous trademark recognition;

(2) Applicant’s qualification certificate and its copy;

(3) Trademark registration certificate and its copy of the change, renewal and transfer certificate;

(4) Written materials of the trademark use management and protection system;

(5) Sales volume, tax amount and market share of goods using the trademark in the three years before the date of application Materials showing the ranking of the main economic indicators in the same industry within the province or outside the province, or other materials that can prove that the trademark is famous;

(6) Advertisements for goods using the trademark in the three years before the date of application Materials;

(7) Materials proving the quality of goods and after-sales services using the trademark issued by relevant departments or organizations.

The materials specified in item (5) of the preceding paragraph include audit reports on major economic indicators such as sales, tax payments, and profits issued by accounting firms and market share and market share issued by provincial industry associations. Materials ranked by the same industry within the province or outside the province.

Article 9 The industrial and commercial administrative department of a districted city shall conduct a preliminary review within 20 days from the date of acceptance and sign the preliminary review opinions. If it meets the conditions for famous trademark recognition, it shall be submitted together with the application materials to the industrial and commercial administration department of the Provincial People's Government; if it does not meet the conditions for famous trademark recognition, the applicant shall be informed in writing and the reasons shall be explained.

If the applicant has objections to the preliminary review opinions, he or she may apply for review to the industrial and commercial administration department of the Provincial People's Government; the industrial and commercial administrative department of the Provincial People's Government shall make a review decision within 15 days from the date of receipt of the review application. If the objection is established, the application for determination may be accepted directly; if the objection is not established, the review application shall be rejected and the reasons shall be explained.

Article 10 The industrial and commercial administration department of the Provincial People’s Government shall review the authenticity and legality of the application materials and put forward review opinions within 20 days from the date of receipt of the application materials and preliminary review opinions. During the review period, opinions from relevant departments, industry associations, consumer rights protection organizations, etc. should be solicited.

In the famous trademark review and recognition activities, any business secrets involved shall be kept confidential.

Article 11 If the industrial and commercial administration department of the Provincial People's Government considers that it meets the conditions for famous trademark recognition, it shall publish a review announcement in newspapers and periodicals published in the province and on the website of the department. The publicity period is 20 days.

If the public raises objections during the publicity period, the industrial and commercial administration department of the Provincial People's Government shall investigate the content of the objections. If the objections are established, the application for determination shall be rejected; if the objections are not established or there are no objections during the publicity period, the application shall be rejected. Organization review.

Article 12 The industrial and commercial administrative department of the Provincial People’s Government shall establish a database of famous trademark review experts. For each review, experts are randomly selected from the expert database based on the category and characteristics of the goods referred to by the trademark to form a famous trademark review committee to undertake the review work.

The specific evaluation methods shall be formulated by the industrial and commercial administration department of the Provincial People's Government.

Article 13: Famous trademarks approved by the Famous Trademark Review and Adjudication Committee shall be recognized by the industrial and commercial administration department of the Provincial People's Government, a recognition announcement shall be issued, and an Anhui Province Famous Trademark Certificate shall be issued to the applicant; , the applicant shall be informed in writing and the reasons shall be explained.

The review and recognition of famous trademarks shall be completed within 60 days from the expiration of the review and publicity period.

Article 14 Famous trademarks shall be reviewed and recognized at least once a year and shall be valid for 4 years starting from the date of announcement.

Four months before the expiration date of a famous trademark, the industrial and commercial administration department of the Provincial People’s Government shall notify the owner of the famous trademark. If it is necessary to continue to use a famous trademark, its owner shall submit an application for renewal three months before the expiration; if no renewal application is submitted within the prescribed period, the industrial and commercial administration department of the Provincial People's Government shall cancel the famous trademark after its expiration date. trademark and announce it.

If the trademark meets the conditions for famous trademark recognition after review, the industrial and commercial administration department of the Provincial People's Government shall agree to its renewal and issue a recognition announcement. Each renewal is valid for 4 years.

Article 15 The owner of a famous trademark may transfer the trademark in accordance with the law. After the transferee has transferred the trademark in accordance with the law, if it needs to continue to use it as a famous trademark, it must be approved by the industrial and commercial administration department of the Provincial People's Government. and make an announcement.

Article 16 If the owner of a famous trademark permits others to use its famous trademark in accordance with the law, it shall report it to the industrial and commercial administration department of the Provincial People's Government for filing within 30 days from the date of signing the famous trademark license contract.

If, with legal permission, someone else’s famous trademark is used, the name of the licensee and the place of origin of the goods shall be marked on the goods using the famous trademark, and the quality of the goods shall be guaranteed.

Article 17 The fees required for the review, recognition and announcement of famous trademarks shall be coordinated and arranged by the provincial finance department in the department budget. No fees may be collected from applicants or charged in disguised form.