Article 1: In order to standardize the identification of famous trademarks and effectively protect the legitimate rights and interests of famous trademark owners, users and consumers, in accordance with the Trademark Law of the People's Republic of China and relevant laws, These measures are formulated based on laws and regulations and in light of the actual conditions of the province. Article 2 The term "famous trademarks" as mentioned in these Measures refers to registered trademarks that enjoy a high reputation within the administrative region of this province, are known to the relevant public, and are recognized in accordance with these Measures. Article 3 These Measures shall apply to the identification and protection of famous trademarks. Article 4 The provincial administrative department for industry and commerce is responsible for the identification and protection of famous trademarks; the administrative departments for industry and commerce of cities and counties (cities, districts) divided into districts assist the provincial administrative departments for industry and commerce in the identification and protection of famous trademarks.
Other departments shall do relevant work according to their respective responsibilities. Article 5 The identification and protection of famous trademarks shall follow the principles of openness, impartiality, fairness and voluntary application and special protection. Article 6 A famous trademark shall meet the following conditions:
(1) The trademark is a domestic registered trademark, and the residence of the trademark owner or the origin of the goods referred to by the trademark is within the administrative region of this province;
(2) The trademark has been used in accordance with the law for three consecutive years since the date of registration approval, and there is no dispute over trademark ownership;
(3) The quality and after-sales service of the goods referred to by the trademark are among similar goods in the province Excellent, with high visibility and good reputation among the relevant public;
(4) The output, sales volume, tax payment, market share and other major economic indicators of the goods referred to by the trademark in the past three years have been in the province It is in a leading position among similar products and has a wide sales area;
(5) The owner of the trademark has not infringed the exclusive rights of others’ registered trademarks or other serious illegal business activities in the past three years;
(6) The owner and user of the trademark has strict trademark use, management and protection systems. Article 7 To apply for the recognition of a famous trademark, the following materials should be submitted:
(1) Application form for famous trademark recognition;
(2) A copy of the applicant’s qualification certificate;< /p>
(3) Copies of the trademark registration certificate and certificates of change, renewal and transfer;
(4) Trademark use, management and protection;
(5) The infringement of the exclusive right to use the trademark;
(6) The advertising of the trademark or the goods referred to by the trademark in the past three years;
(7) Industries at or above the provincial level Main economic indicators such as output, sales volume, tax amount, market share, etc. of the goods referred to by the trademark issued by the competent department or industry association in the past three years and their ranking in the same industry within the province and domestic country;
(8) The quality of the goods indicated by the trademark issued by relevant departments;
(9) The business conditions and sales area of ??the goods indicated by the trademark;
(10) Certification Other materials for which the mark is known. Article 8 Applicants may submit application materials to the industrial and commercial administrative department of the districted city where they are located, or directly to the provincial industrial and commercial administrative department.
The administrative department of industry and commerce of a city divided into districts shall forward the application materials to the provincial administrative department of industry and commerce within 10 days from the date of receipt. Article 9 The provincial administrative department for industry and commerce shall, within 30 days after receiving the application materials, conduct a preliminary review of the application materials in accordance with the provisions of Articles 6 and 7 of these Measures and make a decision on whether to accept or not accept 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 in writing the reasons for not accepting the application.
If the application materials need to be supplemented or corrected, the applicant shall be notified in writing at one time to make corrections within a time limit; failure to make corrections within the time limit shall be deemed to have given up the application. Article 10 If it decides to accept the application, the provincial administrative department for industry and commerce shall publish an announcement on the preliminary examination of the famous trademark in the main news media of the province. Within 30 days from the date of the preliminary announcement, any unit or individual may raise objections. Article 11 The provincial industrial and commercial administration department shall review and verify the authenticity and legality of the application materials and provide written review opinions. During the review period, opinions from relevant industry authorities, industry associations, consumer rights protection organizations, etc. shall be solicited; if necessary, relevant agencies may be entrusted to conduct investigations.
Relevant industry authorities, industry associations, and consumer rights protection organizations should truthfully provide written opinions to the provincial industrial and commercial administration department. Article 12 The provincial industrial and commercial administration department shall organize the establishment of a famous trademark recognition committee.
The recognition committee shall consist of no less than 30 experts in economics, law, science and technology and related industries, and shall be reported to the Provincial People's Government for filing. The chairman of the recognition committee shall be the principal person in charge of the provincial industrial and commercial administration department. Article 13: Each time a famous trademark is recognized, the provincial administrative department for industry and commerce shall determine an odd number of more than 17 people from the recognition committee to form a famous trademark recognition group based on the category and characteristics of the goods referred to by the trademark.
The identification team shall conduct evaluation and identification objectively and fairly based on the famous trademark application materials, the review opinions of the provincial industrial and commercial administration department, and other opinions. Article 14 If a trademark is recognized as a famous trademark, it shall be voted by all members of the recognition group by secret ballot, and shall be approved by a two-thirds majority.
Members of the accreditation group may not entrust others to review or vote on their behalf.