Several Provisions on Enterprise Trademark Management

Decree No. 48 of the State Administration for Industry and Commerce on December 22, 1995

State Administration for Industry and Commerce on December 3, 1998 Revision of Administrative Bureau Order No. 86

Article 1 is to strengthen the management of corporate trademarks, promote the correct exercise of trademark rights by enterprises, and safeguard the legitimate rights and interests of enterprises. According to the "Trademark Law of the People's Republic of China" and other relevant laws and regulations to formulate these regulations.

Article 2: These regulations apply to the enterprise’s approved and registered trademarks that are well-known to the public (hereinafter referred to as trademarks)

Article 3: Enterprise trademark rights are protected by national law, and no organization or individual may Violate.

When enterprises exercise trademark rights, they should follow the principles of voluntariness, equality, and compensation of equal value, and abide by national laws, regulations, and policies; no organization or individual may illegally interfere.

Article 4 Industrial and commercial administrative agencies at all levels shall strengthen the management of enterprise trademarks and safeguard the legitimate rights and interests of enterprises.

Enterprises should enhance trademark awareness, improve trademark management systems, and safeguard their legitimate rights and interests.

Article 5 If an enterprise has any of the following circumstances, unless otherwise provided by laws and regulations, it shall entrust a trademark evaluation agency to conduct trademark evaluation:

(-) transfer of trademark;

(2) Investment with trademark rights;

(3) Other trademark evaluations required by law.

Article 6 If an enterprise licenses others to use its trademark, it shall sign a trademark license contract and specify in the contract the obligation to use the trademark and the responsibility not to use the trademark.

For a trademark that has been suspended from use for three consecutive years, the Trademark Office shall order it to be corrected or revoked within a time limit.

Article 7 The trademark license contract shall be reported to the Trademark Office for record. For trademark license contracts that do not comply with relevant trademark management laws, regulations and policies, the Trademark Office will not record or announce them.

Article 8 When an enterprise transfers its trademark, it shall comply with relevant trademark management laws, regulations and policies, and submit a trademark transfer agreement and trademark evaluation report to the Trademark Office for approval.

The Trademark Office will not approve or reject transfer applications that may cause misunderstanding, confusion or other adverse effects.

Article 9 When an enterprise invests in trademark rights, it must specify in the relevant investment documents the method of trademark investment, the amount of the trademark, the variety, quantity, time limit and area of ??goods using the trademark, the distribution of trademark income, and the distribution of trademark income after the enterprise is terminated. Trademark ownership and other content.

Article 10: When an enterprise invests with trademark rights, the invested enterprise shall submit the review documents of the trademark administration department to the industrial and commercial administration authorities when registering. If the review documents are not submitted, the registration will not be verified.

Article 11 When an enterprise invests in trademark rights and submits it to the trademark administrative department for review, it shall submit a trademark evaluation report and relevant trademark investment documents. The trademark administrative department shall make an examination decision within 30 days from the date of receipt of the materials. Those that meet the conditions will be approved; those that do not meet the conditions will be rejected and the reasons will be explained.

Article 12 The trademark administrative department shall implement the principle of hierarchical jurisdiction over the review of enterprises’ investments with trademark rights. Registered with the State Administration for Industry and Commerce. It will be reviewed by the Trademark Office; if it is registered with the local industrial and commercial administration authorities at all levels, it will be reviewed by the provincial trademark authorities.

Article 13 These regulations shall come into effect on the date of promulgation.

Trademark management cannot be ignored - Enterprise Trademark Management Survey

Recently, we conducted a survey on the trademark management of enterprises. Through investigation, it was found that there are still some problems and deficiencies in the process of enterprises paying attention to and using trademarks, and they are universal:

1. Enterprises’ trademark awareness is still very weak, and they lack the role of trademarks in market competition. Understanding the relationship between enterprise success and failure

Many enterprises apply for registered trademarks after their products enter the market and are known by consumers. As a result, they are either registered by others or are rejected because they are identical or similar to others' registered trademarks.

Some people even think that changing the name and address of the registrant only costs money but does not bring any benefits, and the loss outweighs the gain and ignores the impact of trademark rights. At present, with the development of system reform, enterprises after restructuring have overtime use of trademarks, failure to participate in renewal registration, and loss of trademark rights; merged enterprises have given up part of the use and management of trademarks, and some enterprises even only focus on tangible goods during mergers and acquisitions. The assessment of assets has neglected the assessment of the value of trademarks and failed to incorporate trademarks into the overall management mechanism of the enterprise from a long-term perspective.

2. The publicity of trademarks lags behind and the popularity is not high

A well-known trademark is the intangible wealth of a company. Products with trademarks can only be recognized by consumers after they have trust in them. , only then can it be possible to increase the visibility of the trademark, thereby improving the status of the product in the market. However, companies only focus on publicity of their image and the publicity of the person in charge of the company. The result is putting the cart before the horse and getting twice the result with half the effort. In the choice of advertising media, they all quarrel with local newspapers and radio stations, and lack the marketing concept of the big market.

3. Failure to pay attention to the use and management of trademarks has led to the proliferation of counterfeit trademarks

Trademarks are used to distinguish the source of goods and identify the quality of goods. Making full use of trademarks can bring benefits to enterprises. bring unexpected economic benefits. Nowadays, when some companies use trademarks, they do not grasp the importance of trademarks, product names, packaging, and decoration. A trademark is a symbol of a product and the image of a company. Some companies also arbitrarily change the graphics, text and combinations of registered trademarks, making it difficult for consumers to distinguish true and false trademarks. For a time, fake and inferior goods hit the market, and companies suffered huge losses. .

Trademark management is a comprehensive work for an enterprise, which includes the design, registration, printing, use, storage, warehousing, and destruction of trademarks. During the investigation, it was found that some companies do not have specialized management agencies or dedicated management personnel, resulting in a disconnect in trademark management.

To change the current situation of lagging behind corporate trademark work and unfavorable protection, the following issues should be solved:

1. Change concepts, strengthen trademark strategic awareness, and protect trademark rights

Trademark rights, copyrights and patent rights have become three important components of modern intellectual property rights, and trademark rights are related to the survival and development of enterprises. If an enterprise wants to gain a firm foothold in the market competition, it must take the road of famous brands. Trademarks with distinctive features and strong individuality must be registered in a timely manner. At the same time, strategies for defensive trademarks, joint trademarks and three-dimensional trademarks should be implemented to expand the scope of trademark protection as much as possible.

2. Strengthen the publicity of trademarks and actively create well-known trademarks

Well-known trademarks are the most important intangible assets of an enterprise, and their value even exceeds tangible assets. Advertising is a very important link in creating a well-known trademark. When advertising corporate trademarks, they should choose appropriate media based on their corporate image and product image, highlight trademark features and product performance, and focus on refining and standardizing advertising terms. Enterprises should not only focus on making their trademarks well-known in China, but also focus on pursuing the creation of privately-owned well-known trademarks.

3. Improve product quality and strengthen internal trademark management

Successful trademarks carry information such as reliable quality, excellent service, and advanced technology. This information that has been tested for a long time in the market simplifies the transaction behavior between buyers and sellers. This means that consumers do not need to know the above information when shopping, but only need to identify the trademark of the product or service. This is "brand recognition shopping" based on trust in quality. Therefore, improving trademark reputation is the key to maintaining and establishing corporate image, and the core content of this key is first to ensure and improve the quality of goods. Therefore, enterprises must establish a good quality awareness, adhere to quality standards, and strictly supervise quality. Only by maintaining and continuously improving quality can they create and protect the permanent reputation of trademarks; secondly, they must constantly develop new products around well-known trademarks, and constantly develop new products. Limited by the sales life cycle of specific goods, it can remain in the market for a long time without declining, thereby adding new vitality to the company's trademark reputation. A dynamic trademark reputation, in turn, promotes the company's product sales and brings greater economic benefits to the company.

Strengthen the internal trademark management of the enterprise and formulate a trademark management system.

It is an inevitable requirement for the market economy to develop to a certain stage that enterprises should pay attention to and develop the role of trademark strategy. Therefore, for enterprises, creating and using trademarks is an important task related to the future of the enterprise. Enterprises must establish a trademark management organization, formulate and improve the trademark management system, and strive to formulate and implement brand strategic goals, trademark design and registration, trademark use and management, trademark self-protection and legal protection, and hire trademark legal consultants or trademark agents. People etc. Only in this way can trademark work be put into practice and a solid foundation can be laid for cultivating and creating well-known trademarks.

Trademark value evaluation refers to the evaluation and calculation of the current value of a trademark by a trademark evaluation agency based on the entrustment of the parties, following the principles of fairness, openness, and fairness, and using scientific methods. Trademark right is an important intangible property right owned by the right holder. Proper evaluation of its value will help the right holder exercise and protect its rights. Normally, in trademark infringement lawsuits, trademark evaluation is required when the trademark owner licenses others to use its registered trademark, transfers its registered trademark, or uses the trademark as an investment. The first recognized trademark evaluation in China occurred in 1996. The trademark evaluated was "Tsingtao Beer". The purpose of the evaluation was to assist the company's stock listing. There are many methods to evaluate trademark value, and the commonly used methods are the income method, the market method and the cost method. The income method is considered to be the most reliable and preferred method in evaluation, but it still needs to be supplemented by other methods. The market method can provide certain data support for the conclusion of the income method, and the cost method can also provide the minimum basic figures for the conclusion of trademark evaluation. Institutions engaged in trademark evaluation must meet statutory conditions and must be qualified by the industrial and commercial administration department before they can carry out trademark evaluation business. Trademark evaluation agencies carry out trademark evaluation business without being restricted by industry or region.