the provisions on commodity trademarks in these measures are applicable to service trademarks. Article 4 The administrative department for industry and commerce of Nanjing Municipality (hereinafter referred to as the administrative department for industry and commerce) is responsible for the identification and protection of famous trademarks in Nanjing. Other relevant departments and trade associations shall, within the scope of their respective duties, cooperate with the industrial and commercial departments in the identification and protection of famous trademarks in the city.
no other organization or individual may identify and select famous trademarks of the city. Article 5 The identification of famous trademarks in the city shall follow the principles of openness, fairness and impartiality. Article 6 The municipal, district and county people's governments shall encourage enterprises, institutions, social organizations and individual industrial and commercial households to improve the quality and reputation of commodities and strive for famous trademarks in the city. Units and individuals that have made outstanding achievements in the identification and protection work shall be commended and rewarded. Chapter ii identification article 7 an application for the identification of a famous trademark in this municipality shall meet the following conditions:
(1) the owner of the trademark is an enterprise, institution, social organization, individual industrial and commercial households and other economic organizations legally established in this municipality;
(2) the trademark has been actually used for three years since the date of approval and registration;
(3) The market coverage and market share of commodities using the trademark are among the highest in the same industry;
(4) The sales volume, profits and taxes, or export earnings of the goods using the trademark in the past three years are in the leading position in the same industry;
(5) The trademark has a high degree of awareness among the relevant public;
(6) The quality of the goods using the trademark is stable and reliable, and it has passed the quality supervision and spot check at or above the municipal level for three consecutive years, and has a high market reputation;
(7) The trademark owner has strict systems and measures for the printing, use, publicity, management and protection of the trademark, and does not infringe upon the exclusive right of others to register a trademark. Article 8 The methods of voluntary application and centralized identification shall be adopted for famous trademarks in the city. Where a trademark registrant thinks that his trademark conforms to the provisions of Article 7 of these Measures, he may apply to the local industrial and commercial department at or above the county level. Article 9 To apply for the recognition of famous trademarks in Nanjing, the following documents shall be submitted:
(1) Application Form for Recognition of Famous Trademarks in Nanjing;
(2) A copy of the Business License of Enterprise as a Legal Person, the Business License, and the registration certificate of public institution and society as a legal person signed by the relevant department;
(3) A copy of the Trademark Registration Certificate signed by the industrial and commercial department at or above the county level;
(4) the market coverage and market share of the goods using the trademark;
(5) Product Quality Assessment Certificate at or above the municipal level that has used the trademark goods for nearly three years;
(6) the sales volume, profits and taxes, and foreign exchange earned through export of the goods using the trademark in the past three years;
(7) information on the advertising of goods using the trademark;
(8) trademark management systems and measures of trademark registrants;
(9) other documents that the municipal industrial and commercial department thinks should be submitted.
the above materials must be true and reliable, and the source should be indicated. Tenth county-level industrial and commercial departments shall, within thirty days from the date of receiving the application and certification materials submitted by the applicant, conduct a preliminary examination of the relevant materials. In line with the conditions, after signing the opinions, it is recommended to the municipal industrial and commercial department; Do not meet the conditions, return the application materials and explain the reasons. Eleventh applicants have objections to the preliminary examination opinions of the county-level industrial and commercial departments, and may request a review from the municipal industrial and commercial departments. The municipal industrial and commercial department shall make a review decision within thirty days from the date of receiving the application for review. If the objection is established, it shall be directly accepted by the municipal industrial and commercial department; If the objection is not established, it will not be accepted and the application materials will be returned. Article 12 After receiving the application recommended by the county-level industrial and commercial department or directly accepting the application, the municipal industrial and commercial department shall, within 6 days, investigate and examine the application materials and put forward the examination opinions. If it meets the requirements for application, it will be directly reviewed; If it does not meet the requirements for application, it shall return the application materials and explain the reasons in writing. Thirteenth municipal industrial and commercial departments to demonstrate the application materials, according to the conditions stipulated in Article 7 of these measures, to determine whether the registered trademark of the applicant has the qualification of a famous trademark in the city. Article 14 In any of the following circumstances, it shall not be recognized:
(1) The applicant practices fraud;
(2) The registered trademark of the applicant has been requested by others to be revoked by the State Trademark Review and Adjudication Board for "improper registration" and is under trial;
(3) violating the identification procedures. Fifteenth city famous trademark once identified, issued by the municipal industrial and commercial department "Nanjing famous trademark certificate", and make an announcement. Sixteenth famous trademarks are valid for three years, counting from the date of announcement. Three months before the expiration of the validity period or within three months after the expiration of the validity period due to special reasons, the owner of the famous trademark in the city may apply to the municipal industrial and commercial department for extension. In line with the conditions stipulated in Article 7 of these Measures, the extension shall be confirmed, and each extension shall be valid for three years.