Article 1 is to regulate the identification of famous trademarks in Jiangxi Province (hereinafter referred to as famous trademarks), maintain the reputation of famous trademarks, protect the legitimate rights and interests of famous trademark owners, users and consumers, and promote economic development, These Measures are formulated in accordance with the Trademark Law of the People's Republic of China, the Implementation Regulations of the Trademark Law of the People's Republic of China and other relevant laws and regulations, and in light of the actual conditions of this province. Article 2 These Measures shall apply to the identification and protection of famous trademarks within the administrative region of this province.
The term "famous trademark" as mentioned in these Measures refers to a registered trademark that enjoys a good reputation in the market, is known to the relevant public, and is recognized in accordance with these Measures. Article 3 The provincial industrial and commercial administrative department is responsible for the identification and protection of famous trademarks; the district-based industrial and commercial administrative departments are responsible for the recommendation and protection of famous trademarks; the county (city, district) industrial and commercial administrative departments are responsible for the protection of famous trademarks.
Other relevant departments, industry associations, and consumer rights protection organizations shall assist in the identification and protection of famous trademarks in accordance with their respective responsibilities. Article 4 The recognition of famous trademarks shall follow the principles of voluntary application and openness, fairness and impartiality. Article 5 A famous trademark shall meet the following conditions:
(1) The residence of the owner of the trademark or the origin of the goods referred to by the trademark is within the administrative region of this province;
(2) Application Before the recognition of a famous trademark, the trademark has been used legally for three consecutive years, and there is no dispute over trademark ownership;
(3) The goods referred to by the trademark have stable quality in the past three years and enjoy a good reputation among the relevant public;
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(4) The goods referred to by the trademark have a wide sales area, and major economic indicators such as sales, tax payment, and market share in the past three years have been leading in the same industry in the province;
( 5) The trademark has strict usage and management systems and protection measures. Article 6 To apply for recognition of a famous trademark, the following materials should be submitted:
(1) Application form;
(2) Relevant identity certification materials of the applicant;
(3) Documents proving trademark registration (if the applicant is a trademark user, he must also submit documents proving the license to use the trademark);
(4) Sales volume of the goods referred to by the trademark in the past three years , tax amount, market share and other major economic indicators, as well as relevant materials on the ranking of the same industry in the province;
(5) Relevant materials on the use, management and protection of the trademark. Article 7 The industrial and commercial administrative department of the districted city shall, within 10 days from the date of receipt of the application materials, make an opinion on whether to recommend or not recommend, and submit them together with the application materials to the provincial industrial and commercial administrative department.
The provincial administrative department for industry and commerce shall conduct a preliminary review in accordance with the provisions of Articles 5 and 6 of these Measures within 20 days from the date of receipt of the application materials and the opinions of the administrative departments for industry and commerce of the districted city. and make a decision to accept or reject the application. If it decides to accept the application, it shall notify the applicant in writing; if it decides not to accept the application, it shall return the application materials to the applicant and explain the reasons in writing.
If the application materials need to be supplemented or corrected, the provincial industrial and commercial administration department shall notify the applicant in writing at one time to make supplements and corrections within a time limit; if the application materials are not supplemented or corrected within the time limit, the application will be deemed to have been abandoned. Article 8 The provincial administrative department for industry and commerce shall publish a preliminary review announcement in the provincial news media for accepted applications for famous trademark recognition, and solicit opinions from relevant departments, industry associations, and consumer rights protection organizations.
Any unit or individual may raise objections within 30 days from the date of the preliminary review announcement.
Relevant departments, industry associations, and consumer rights protection organizations should truthfully submit written opinions to the provincial industrial and commercial administration department. Article 9 The Famous Trademark Recognition Committee (hereinafter referred to as the Recognition Committee) organized by the provincial administrative department for industry and commerce is responsible for the recognition of famous trademarks; no less than two-thirds of the members of the Recognition Committee shall participate in each recognition of a famous trademark.
The composition method of the recognition committee and the specific recognition standards, procedures and rules for famous trademarks shall be formulated by the provincial industrial and commercial administration department in consultation with relevant departments and reported to the Provincial People's Government for record.
Article 10 The recognition committee shall make an objective and fair judgment and evaluation of the trademark submitted for recognition based on the famous trademark application materials and opinions from relevant parties and in accordance with the conditions stipulated in Article 5 of these Measures. Article 11: A trademark voted by the Recognition Committee by secret ballot and approved by more than two-thirds of the votes of the members present shall be recognized as a famous trademark.
If a trademark is recognized as a famous trademark, the provincial industrial and commercial administration department will issue a corresponding certificate and announce it in the provincial news media. If the trademark is not recognized as a famous trademark, the provincial industrial and commercial administration department shall notify the applicant in writing and explain the reasons. Article 12 The validity period of a famous trademark is 3 years, starting from the date of announcement.
Three months before the expiration of a famous trademark, the owner or user of a famous trademark may apply to the provincial industrial and commercial administration department for renewal of recognition. If the conditions specified in Article 5 of these Measures are met, the provincial industrial and commercial administration department shall renew the recognition and make an announcement. Each renewal of certification is valid for 3 years. If you fail to apply for renewal of recognition within the time limit, the famous trademark will become invalid. Article 13 From the date of the announcement of a famous trademark, unless otherwise provided by laws, regulations, and rules, its owner or user may use the famous trademark on the goods, product packaging, decoration, instructions, business correspondence, or Use the words "famous trademark" in advertising, exhibitions and other business activities.
No organization or individual may use the words "famous trademark" if it is not recognized as a famous trademark or without the legal permission of the famous trademark owner.