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Chengdu Famous Trademark Recognition and Protection Regulations (Revised in 2011)

Article 1. In order to standardize the identification of famous trademarks in Chengdu, protect the legitimate rights and interests of famous trademark owners and consumers, and promote brand promotion, in accordance with the "Trademark Law of the People's Republic of China" and other laws , regulations, and based on the actual conditions of Chengdu City, these regulations are formulated. Article 2 These regulations apply to the identification and protection of famous trademarks in Chengdu.

The provisions of these regulations regarding commodity trademarks shall apply to service trademarks. Article 3 The Chengdu famous trademarks (hereinafter referred to as famous trademarks) as mentioned in these regulations refer to registered trademarks that enjoy a high reputation in the market, are known to the relevant public, and are being used legally by the trademark owners. Article 4 The identification and protection of famous trademarks shall follow the principles of openness, justice and fairness. Article 5 The municipal administrative department for industry and commerce is responsible for organizing the recognition of famous trademarks.

Municipal and district (city) and county industrial and commercial administration departments are responsible for the management and protection of famous trademarks.

Administrative departments such as agriculture, economics, and commerce shall assist in the identification and protection of famous trademarks in accordance with their respective responsibilities.

Relevant industry associations (chambers of commerce) shall cooperate in the cultivation of famous trademarks. Article 6 To apply for recognition of a famous trademark, the following conditions must be met:

(1) The applicant meets one of the following conditions:

1. The owner of a registered trademark within the administrative region of this city;

2. Use with the permission and authorization of the owner of the registered trademark within the administrative area of ??this city;

3. Registered trademarks outside the administrative area of ??this city are licensed to natural persons, legal persons and Used by other organizations.

(2) The trademark has been approved for registration for one year and has been actually used continuously for more than three years, and there is no dispute over the trademark ownership;

(3) The trademark is well known to the relevant public, It has a high reputation in the relevant market;

(4) The goods using the trademark are of high quality and have a good reputation;

(5) The goods applying for the recognition of famous trademarks have been in the past three The annual sales volume, operating income, net profit, tax payment and other major economic indicators are leading the same industry in this city in the past three years;

(6) The applicant has not violated the trademark management, production and operation, product Administrative penalties or criminal penalties exceeding a relatively large fine for violating laws, regulations, rules on quality, labor security, environmental protection, production safety, etc.;

(7) The applicant has sound trademark use, management and protection system. Article 7 To apply for the recognition of a famous trademark, one should fill out the "Chengdu Famous Trademark Recognition Application Form" and submit it to the district (city) or county industrial and commercial administration department, and provide the following materials:

(1) Name of the applicant ;

(2) The "Trademark Registration Certificate" for applying for the recognition of a famous trademark and the certification materials for the trademark's continuous use for three years;

(3) The goods for which the famous trademark has been applied for recognition for the past three years The following certification materials for the main economic indicators of the year:

1. Financial statements of annual sales volume, operating income and net profit of goods;

2. Duty payment certificate issued by the tax department;

3. Certificate of industry ranking (or market share) issued by intermediaries, industry associations at or above the municipal level or industry authorities;

4. Products bearing the trademark logo Photos of the physical objects;

5. Documents proving the product sales area (including export).

(4) The use, management and protection of the trademark;

(5) The infringement of the exclusive right of the trademark;

(6) Proving that the relevant public Other materials on the degree of awareness of the trademark;

(7) A written commitment that the applicant has not been subject to any administrative penalty or criminal penalty exceeding a relatively large fine in the past three years. Article 8 The district (city) or county industrial and commercial administration department shall, within fifteen days from the date of receipt of the application materials, conduct a preliminary review of the application materials in accordance with the provisions of Articles 6 and 7 of these Regulations and make a decision on whether to accept or reject the application materials. .

If it decides to accept the application, it shall notify the applicant in writing and forward the preliminary review opinions and application materials to the municipal administrative department for industry and commerce; if it decides not to accept the application, it shall notify the applicant in writing and explain the reasons.

If the application materials need to be supplemented or corrected, the applicant shall be notified once and within a time limit to make supplements and corrections. If the applicant fails to make corrections within the time limit, the application will be deemed to have been abandoned. Article 9 The municipal administrative department for industry and commerce shall, within forty working days after receiving the application for recognition of a famous trademark forwarded by the district (city) or county administrative department for industry and commerce, review and verify the application materials, put forward written review opinions, and report to the city A well-known trademark review expert group conducts the review. During the review period, opinions from relevant administrative departments, industry associations, and consumer associations should be sought. When necessary, relevant agencies may be entrusted to conduct investigations.

The composition, membership conditions, review methods and other matters of the Municipal Famous Trademark Review Expert Group shall be separately formulated by the Municipal Administration for Industry and Commerce.

For those that pass the review, the municipal administrative department for industry and commerce will issue a recognition announcement and issue a famous trademark certificate; for those that are not recognized, the municipal administrative department for industry and commerce shall notify the applicant in writing and explain the reasons. Article 10 The validity period of a famous trademark is five years, calculated from the date of announcement.

If it is necessary to retain the recognition of a famous trademark after the expiration of the validity period, the owner of the famous trademark shall submit a review application to the industrial and commercial administration department of the region (city) or county where the famous trademark is located within six months before the expiration of the validity period of the famous trademark.

The review application shall be handled in accordance with the procedures for famous trademark recognition applications.