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Regulations on the Supervision of Investigation and Handling of Trademark Violation Cases by Industrial and Commercial Administration Bureaus

Article 1: In order to timely grasp and coordinate the situation of trademark case handling, strengthen the guidance and supervision of trademark case handling, and improve the quality of trademark case handling, according to the third provision of the "Interim Provisions on Administrative Punishment Procedures of Industrial and Commercial Administrative Agencies" Article (6) establishes these regulations. Article 2 These regulations shall apply to all trademark violation cases filed and investigated by the industrial and commercial administrative authorities. Article 3 The monitoring of trademark violation cases shall adhere to the principles of legality, fairness and efficiency. Article 4 The following cases shall be reported directly to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) by the industrial and commercial administrative agency handling the case (hereinafter referred to as the case-handling agency) from the date of filing and before the conclusion of the case investigation:

(1) Trademark violation cases with illegal business volume of more than 1 million yuan;

(2) Foreign-related trademark violations cases with illegal business volume of more than 500,000 yuan;

< p>(3) Cases involving well-known trademarks with an illegal business volume of more than 500,000 yuan;

(4) Major and complex trademark violation cases across provinces and regions;

(5) Trademark violation cases assigned, approved or deemed necessary to be reported by the Trademark Office.

When the case-handling agency reports a case to the Trademark Office, it shall also send a copy to its superior industrial and commercial administrative agency. Article 5 When reporting a case, the case-handling agency shall fill in the trademark violation case report form and submit it together with relevant materials after being reviewed and signed by the director. Article 6 When reporting a case, the case-handling agency shall submit the following materials at the same time:

(1) Brief description of the case;

(2) Case filing report form (copy);< /p>

(3) The main evidence involved in the case (physical objects or photocopies);

(4) Other relevant materials. Article 7 If the case-handling agency needs to consult the Trademark Office or request the Trademark Office for coordination regarding difficult issues in the reported case, it may mention them in the submitted materials. Article 8 For a reported case, if the case-handling agency discovers other circumstances that need to be reported during the investigation of the case, it shall promptly submit relevant materials to the Trademark Office; if the Trademark Office deems that additional relevant materials are needed, it may request the case-handling agency to submit additional materials. . Article 9 The Trademark Office shall, within one month from the date of receiving the complete report materials from the case-handling agency, fill in the trademark violation case report deposit notice and inform the case-handling agency. Article 10 If the Trademark Office discovers that a reported case violates laws, regulations, rules or other circumstances, it may provide opinions in the notice of deposit of trademark violation case reports.

The Trademark Office will handle difficult issues raised by the case-handling agency regarding reported cases separately in accordance with relevant regulations. Article 11 During the reporting period, the procedures for investigating and handling trademark violation cases will not be stopped, except when the case handling agency deems it necessary. Article 12 When investigating and handling cases of trademark violations, the case-handling agencies shall follow the Trademark Law of the People's Republic of China, the Implementing Rules of the Trademark Law of the People's Republic of China and the Interim Administrative Penalty Procedures of the Industrial and Commercial Administration Agencies. Provisions" and other laws, regulations and rules shall be implemented, and the opinions of the Trademark Office shall be taken into consideration.

The opinions of the Trademark Office serve as guidance for the implementation of interim supervision of the case and do not have direct legal effect on the case. Article 13: For reported trademark violation cases, the case-handling agency shall submit the penalty decision to the Trademark Office within 5 days from the date when the administrative penalty decision is made. Article 14: For any case that meets the approval requirements in the "Regulations on the Approval of Illegal Cases Investigated and Handled by Industrial and Commercial Administrative Agencies", the case handling agency shall separately submit it to the State Administration for Industry and Commerce for approval in accordance with relevant procedures. Article 15: For any case that meets the filing requirements in the "Interim Provisions on Administrative Penalty Procedures of Industrial and Commercial Administration Agencies", the case handling agency shall separately report to the State Administration for Industry and Commerce for filing in accordance with relevant procedures. Article 16 These regulations shall be implemented from the date of promulgation.

Attachment:

^^Trademark Violation Case Report Form

Fill in the agency number:

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^^Trademark Registration No. ( )

__________________________ (No.: ) Materials received.

According to the "Regulations on the Supervision and Control of Trademark Violation Cases Investigated by Industrial and Commercial Administrative Agencies", our office has collected the materials in this case and hereby notifies you.

In addition, based on the materials of the case, our office puts forward the following opinions:

      (Trademark Office Seal)

                         

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