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What are the interim measures for the administration of trademark appraisal institutions?

Trademark evaluation is an act of confirming, valuing and reporting trademarks according to a specific purpose, following fair and statutory standards and regulations, and using appropriate methods to provide a value scale for asset business. Trademark evaluation belongs to a type of intangible assets evaluation. Then, what are the interim measures for the management of trademark evaluation institutions?

what are the interim measures for the administration of trademark appraisal institutions?

article 1 these provisions are formulated in accordance with the trademark law of the people's Republic of China and other relevant laws and regulations in order to strengthen the management of enterprise trademarks, urge enterprises to correctly exercise trademark rights and safeguard the legitimate rights and interests of enterprises.

related laws and regulations: article (1) of the national people's congress law

article 2 these provisions apply to the well-known trademarks of enterprises (hereinafter referred to as trademarks)

article 3 the trademark rights of enterprises are protected by state laws, and no organization or individual may infringe upon them.

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

article 4 the administrative departments for industry and commerce at all levels shall strengthen the management of enterprise trademarks and safeguard the legitimate rights and interests of enterprises.

enterprises should enhance their trademark awareness, improve the trademark management system and safeguard their legitimate rights and interests.

Article 5 In any of the following circumstances, unless otherwise stipulated by laws and regulations, an enterprise shall entrust a trademark evaluation institution to conduct trademark evaluation:

(1) Transfer a trademark;

(2) investing with trademark rights;

(3) other trademarks that need to be evaluated according to law.

article 6 when an enterprise licenses others to use its trademark, it shall sign a trademark license contract, and the obligation to use the trademark and the responsibility not to use it shall be clearly defined in the contract.

The Trademark Office shall order a trademark that has been discontinued for three consecutive years to be corrected or revoked within a time limit.

article 7 a trademark licensing contract shall be reported to the trademark office for the record.

the trademark office will not file a trademark license contract that does not conform to the relevant laws, regulations and policies on trademark management and will not announce it.

article 8 when transferring its trademark, an enterprise shall comply with relevant laws, regulations and policies on trademark management, and submit a trademark transfer agreement and a trademark evaluation report to the trademark office for approval.

the trademark office will not approve the transfer application that may cause misidentification, confusion or other adverse effects, and will reject it.

article 9 when an enterprise invests with trademark rights, it must specify the trademark investment method, the trademark pricing amount, the product variety, quantity, time limit and area where the trademark is used, the distribution of trademark income, the ownership of the trademark after the termination of the enterprise and other contents in the relevant investment documents.

article 1 when an enterprise invests with trademark rights, the invested enterprise shall submit the examination documents of the trademark authority to the administrative department for industry and commerce when registering. If the examination documents are not submitted, the registration shall not be approved.

article 11 when an enterprise invests with trademark rights and submits it to the trademark authority for examination, it shall submit a trademark evaluation report and relevant trademark investment documents. The competent trademark authority shall, within 3 days from the date of receiving the materials, make a decision on examination. To meet the conditions, be approved; Those that do not meet the requirements shall be rejected and the reasons shall be explained.

article 12 the competent trademark authority shall exercise the principle of hierarchical jurisdiction over the examination of enterprises' investment with trademark rights. Those registered with the State Administration for Industry and Commerce shall be examined by the Trademark Office; Those registered with local industrial and commercial administrations at all levels shall be examined by the provincial trademark authorities.

article 13 these provisions shall come into force as of the date of promulgation.