Article 1 In order to strengthen the management of trademark printing, protect the exclusive right to registered trademarks, and maintain social and economic order, in accordance with the "Trademark Law", "Trademark Law Implementing Rules" and "Enterprise Legal Person Registration Management Regulations" and other relevant These measures are formulated in accordance with the provisions of laws and regulations. Article 2 All enterprises and individual industrial and commercial households registered in accordance with the law and engaged in printing, printing and dyeing, plate making, lettering, weaving, etching, iron printing, mold casting, stamping, hot stamping, decals and other businesses that need to undertake the printing of trademarks should Apply to the local industrial and commercial administration authority at or above the county level for the qualification of "designated trademark printing unit". Article 3 "Designated trademark printing unit" shall meet the following conditions:
(1) Have technology, equipment, warehousing and storage facilities and other conditions suitable for its trademark printing business;
(2) There are sound rules and regulations for the printing trademark business;
(3) There are specialized printing trademark management agencies or managers;
(4) Business and Managers are familiar with trademark regulations and abide by laws and disciplines. Article 4 If the company meets the conditions after review, it will be determined as a "designated trademark printing unit", a "Designated Trademark Printing Unit Certificate" will be issued, and the "trademark printing" business item will be stated in the business license. Article 5 The "Certificate of Designated Trademark Printing Unit" shall be uniformly printed by the State Administration for Industry and Commerce, and shall be issued by the Administration for Industry and Commerce of provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning or their authorized industrial and commercial administrative agencies. Article 6 The client of trademark printing shall present the following certificates to the printing unit:
(1) Enterprises and individual industrial and commercial households shall present a copy of their business license;
(2) Public institutions Present the certificate of this unit;
(3) Foreigners or foreign enterprises printing trademarks in my country should present the legal business certificate or identity certificate of their country or region. This section applies to enterprises and individuals from Hong Kong, Macao and Taiwan. Article 7 If a trademark printing client entrusts a printing unit to print a registered trademark, he or she shall present the "Trademark Registration Certificate" or a copy of the "Trademark Registration Certificate" signed by the Administration for Industry and Commerce where the registrant is located; by signing a trademark use license contract If the licensee uses another person's registered trademark and needs to print the trademark, he must present the text of the trademark license contract. Article 8 If a foreigner or foreign enterprise needs to print a trademark that has not been registered in China, the printing unit and the trademark printing client must specify in the contract the legal liability that both parties shall bear if the printed trademark infringes upon the exclusive rights of others to register a trademark. responsibility. This article applies to enterprises or individuals from Hong Kong, Macao and Taiwan. Article 9 When a printing unit prints a trademark, it shall strictly check the following contents. If it meets the requirements, it shall be printed. If it does not meet the requirements, it shall refuse to print:
(1) Provided by the trademark printing client The relevant supporting documents are complete;
(2) The trademark sample for printing the registered trademark should be the same as the trademark approved on the "Trademark Registration Certificate", and be marked with the words "Registered Trademark" or (Note) or (R ) mark;
(3) Printing of unregistered trademarks shall not violate the provisions of Article 8 of the Trademark Law and Article 6 of the Implementing Rules of the Trademark Law; the words "registered trademark" or (Note) or (R) mark;
(4) If a trademark is printed based on a trademark license contract, it shall be printed in accordance with the relevant provisions in the contract. Article 10 If the client of trademark printing entrusts the same printing unit to print the same trademark and has already submitted supporting documents, he may no longer submit the same documents repeatedly. The printing unit should check previous certificates and keep records of each printing. Article 11 Trademark printing units should establish and improve trademark printing management systems, including:
(1) Registration and filing system. When undertaking trademark printing business, a register should be made to record the items of the certification documents provided by the trademark printing client, together with a copy of the trademark registration certificate, trademark sample and printed trademark logo, and file them for review;
(2) Trademark logo entry and exit system. When printed trademarks enter and leave the warehouse, the quantity should be carefully counted and registered;
(3) The destruction system for inferior trademarks should be abolished. Discarded trademarks and logos generated during printing should be registered in accordance with the actual quantity and destroyed uniformly by the printing unit;
(4) Other relevant systems.
The above trademark printing files shall be stored for no less than two years to prepare for inspection by the industrial and commercial administrative authorities. Article 12 If a trademark printing client violates the provisions of Articles 6 and 7 of these Measures, the industrial and commercial administrative authorities shall, depending on the seriousness of the case, notify, seal or confiscate the trademark mark. Article 13 If a trademark printing unit violates the provisions of Articles 9 and 10 of these Measures, the industrial and commercial administrative authorities shall, depending on the circumstances, notify, seal or confiscate the trademark logo and printing plate mold. If the circumstances are serious, they may also confiscate their " Certificate of Designated Printing Trademark Unit".
Anyone who violates the provisions of Article 11 of these Measures shall be ordered to make corrections within a time limit. If the company refuses to change after being educated, its "Certificate of Designated Trademark Printing Unit" shall be confiscated. Article 14 If it constitutes an infringement of the exclusive right to use a registered trademark by others, the industrial and commercial administrative organs shall, in accordance with the provisions of the Trademark Law and the Implementing Rules of the Trademark Law, deal with the trademark printing client and printing unit, and may confiscate the trademark. If the printing unit's "Certificate of Designated Trademark Printing Unit" is serious enough to constitute a crime, the person directly responsible will be transferred to the judicial authority to investigate his criminal responsibility according to law. Article 15 If the industrial and commercial administration authorities confiscate the "Certificate of Designated Trademark Printing Unit" due to violation of the provisions of these Measures, they shall also forcibly change their business scope and cancel the "trademark printing" business item in the business license.