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Measures for the identification and protection of famous trademarks in the Xinjiang Uygur Autonomous Region

Article 1: In order to regulate the recognition of famous trademarks in the autonomous region, protect the legitimate rights and interests of famous trademark owners, increase the popularity of trademarks, and promote economic development, in accordance with the Trademark Law of the People's Republic of China and the Relevant laws and regulations are formulated based on the actual situation of the autonomous region. Article 2 The identification and protection of famous trademarks in the administrative regions of autonomous regions shall comply with these Measures.

The provisions of these Measures regarding commodity trademarks shall apply to service trademarks. Article 3 Famous trademarks as mentioned in these Measures refer to registered trademarks that enjoy a high reputation in the market, are well known to the relevant public, and are recognized in accordance with these Measures. Article 4 The recognition of famous trademarks shall follow the principles of openness, fairness and fairness. Article 5: The identification and protection of famous trademarks shall be organized by the industrial and commercial administration departments of the autonomous regions. Other organizations and individuals may not recognize famous trademarks.

No fees may be charged for identifying famous trademarks. Article 6 People's governments at all levels shall take measures to encourage trademark registrants to improve product quality and trademark reputation and create famous trademarks.

Trademark registrants should improve trademark awareness, formulate trademark development strategies, and strive to create famous trademarks. Article 7 Applications for recognition of famous trademarks shall meet the following conditions:

(1) The trademark registrant is an enterprise, institution, social group, individual industrial and commercial household and other economic organization established in accordance with the law within the administrative region of the autonomous region;

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(2) The trademark has been used continuously for three years since the date of registration approval, or the trademark has been registered for less than three years but has been actually used for more than three years;

(3) The trademark has been used for more than three years; The goods have a complete quality management system, and the quality is stable in the product quality certification supervision and spot inspection organized by the relevant departments of the state and autonomous region, and the product quality meets the relevant standards;

(4) The goods using the trademark have been sold in the past three years The volume and market share rank among the top in the same industry in the region, and the after-sales service is good;

(5) The trademark registrant has never infringed on the exclusive rights of others to register trademarks. Article 8 If a trademark registrant believes that its registered trademark complies with the provisions of Article 7 of these Measures, it may apply to the industrial and commercial administration department at or above the county level for recognition of a famous trademark and provide relevant information.

The industrial and commercial administration department shall complete the review within 15 days from the date of receipt of the application. Those who meet the conditions will be recommended to the industrial and commercial administration department of the autonomous region. Those who do not meet the conditions will not be recommended and the application will be returned with a written explanation of the reasons. Article 9 If a trademark registrant has any objection to the disapproval of recommendation, he may submit a review application to the industrial and commercial administration department of the autonomous region.

The administrative department for industry and commerce of the autonomous region shall make a review decision within 20 days from the date of receipt of the review application and explain the reasons in writing. Article 10 After receiving the recommended application materials, the industrial and commercial administration department of the autonomous region shall complete the review within 60 days. Those who meet the conditions will be submitted to the Famous Trademark Review and Adjudication Committee for review; those who do not meet the conditions will return the application materials and explain the reasons in writing. Article 11 The Famous Trademark Review Committee is organized and established by the industrial and commercial administration department of the autonomous region and is responsible for the review of famous trademarks.

The famous Trademark Review and Adjudication Committee is composed of comprehensive economic departments, relevant associations and experts. Article 12 The Famous Trademark Review and Adjudication Committee shall review and demonstrate the authenticity and accuracy of application materials. If the application is found to meet the conditions after review, it must be approved by more than two-thirds of all members of the review committee before it can be recognized. Article 13 The industrial and commercial administration department of the autonomous region shall publicize the famous trademarks drafted by the Famous Trademark Review and Adjudication Committee through the media within the autonomous region for 30 days. If there is no objection at the expiration of the publicity period, the industrial and commercial administration department of the autonomous region will issue a "Xinjiang Famous Trademark Certificate" and a "Xinjiang Famous Trademark" plaque, and announce it in designated newspapers and periodicals. Article 14 Famous trademarks are valid for three years from the date of announcement. Within 3 months before the expiration date, the owner of a famous trademark can apply for extension, and each extension is valid for 3 years. Article 15 The owner of a famous trademark may use the words "Xinjiang Famous Trademark" in the products approved for use and their packaging, decoration, instructions, advertising, exhibitions and other activities.

If the trademark has not been recognized as a famous trademark, the words "Xinjiang Famous Trademark" may not be used.

Article 16 No unit or individual may use, without authorization, the unique name, packaging, decoration or similar names, packaging, or decoration of goods recognized as Xinjiang famous trademarks. Article 17 The owner of a famous trademark may apply to the industrial and commercial administration department of the autonomous region to directly use the word "Xinjiang" in the name of his or her enterprise. Article 18 When the autonomous region's industrial and commercial administration department recommends well-known trademarks to the national industrial and commercial administration department, it shall recommend them from among well-known trademarks. Article 19 From the date of recognition of a famous trademark, if others use words that are the same as or similar to Xinjiang famous trademarks that may cause public misunderstanding as their business names, the industrial and commercial administrative department will not approve the registration. Article 20 If the owner of a famous trademark permits others to use its registered trademark, it shall report it to the industrial and commercial administration department of the autonomous region for record within 30 days from the date of signing the trademark license contract.

If the owner of a famous trademark changes his address or other registration information, he shall file a record with the industrial and commercial administration department of the autonomous region within 30 days from the date of change. Article 21 If the owner of a famous trademark commits any of the following circumstances, the administrative department for industry and commerce of the autonomous region shall revoke his or her famous trademark qualification and make an announcement:

(1) Fraud, or deception by unfair means Well-known trademarks;

(2) Adultering or adulterating products, passing off fakes as genuine, substandard products as good ones, or substandard products as qualified products, harming the interests of consumers or users;

(3) During the validity period, the famous trademark condition is lost.

Any unit or individual who commits any of the acts listed in the preceding paragraph may propose to the autonomous region's industrial and commercial administration department to revoke a famous trademark.