Current location - Trademark Inquiry Complete Network - Trademark registration - Regulations on the Administration of Trademark Use of Tobacco Products
Regulations on the Administration of Trademark Use of Tobacco Products

Chapter 1 General Provisions Article 1 is to strengthen the management of trademarks of cigarettes, cigars and packaged cut tobacco (hereinafter referred to as tobacco products), protect the legitimate rights and interests of tobacco product producers and consumers, and improve the tobacco industry The overall benefits of these regulations. Article 2 Anyone engaged in the production and sales of tobacco products must comply with these regulations. Article 3 The trademark administrative department of the State Tobacco Monopoly Administration is responsible for the management and supervision of the use of tobacco product trademarks nationwide; the trademark administrative department of the provincial Tobacco Monopoly Administration is responsible for the use management and supervision of tobacco product trademarks in the areas under its jurisdiction. Article 4 Only tobacco product manufacturing enterprises approved by the State Tobacco Monopoly Administration may apply for and possess registered trademarks for tobacco products. Chapter 2 Trademark Text and Graphics Article 5 Tobacco product trademark text and graphics must comply with the relevant provisions of the Trademark Law. The name and graphics of the trademark should be elegant and beautiful. Article 6 In accordance with the provisions of the "Monopoly Law", cigarettes and cigars must be marked with the contents specified in the national cigarette standards and the words "Smoking is harmful to health" on the packaging. Article 7 Cigarettes and cigars should be labeled with the corresponding types according to the types specified in the national cigarette standards. Exported cigarettes and cigars should be marked with the Chinese words "Exclusively for Export" on the packaging. Article 8 Except for products otherwise stipulated by the State Tobacco Monopoly Administration, tobacco products sold domestically must have their trademark names and manufacturer names marked in Chinese. Article 9 The name of the production enterprise marked on the trademark shall be consistent with the name registered in the enterprise's business license. Article 10 Unless otherwise stipulated by the State Tobacco Monopoly Administration, it is prohibited to label any other certification marks, famous and quality marks, or misleading statements about product quality. Article 11 For products developed through Sino-foreign technical cooperation and technical cooperation between domestic enterprises, relevant cooperation agreements, technical documents, achievement appraisal reports and other documents must be submitted. Only after review and approval by the trademark administrative department of the State Tobacco Monopoly Administration can the trademark be added. Note the words "cooperation" and the name of the partner. Article 12 It is prohibited to mark various local monopoly and franchise words on trademarks. It is prohibited to add various tourist and commemorative words and graphics on registered trademarks by yourself. Article 13 It is prohibited to change the words, graphics or combinations of registered trademarks on your own. Chapter 3 Management of Trademarks Article 14 Before tobacco products are put into production, their trademark owners must submit their registration certificates, practical signs and relevant documents to the trademark authority of the State Tobacco Monopoly Administration for review. Article 15 Anyone who uses someone else’s registered trademark must sign a trademark use license contract with the trademark registrant. The trademark license contract must be filed with the trademark authority of the State Tobacco Monopoly Administration. Article 16 Each provincial tobacco monopoly bureau shall have corresponding departments responsible for the management of trademark use by affiliated enterprises and establish complete trademark files. Article 17 When an enterprise applies for trademark registration, it must simultaneously file with the trademark authorities of the provincial Tobacco Monopoly Bureau and the State Tobacco Monopoly Bureau. Article 18 Enterprises should establish strict and complete trademark application, printing and use management systems. Article 19 For those who violate Articles 4 to 12 of these Regulations, the trademark owner shall change it on its own before December 31, 1996, and report the new practical mark to the local Provincial Tobacco Monopoly Bureau and the State Tobacco Monopoly Bureau. Trademark authorities. For those who delay and do not correct, the State Tobacco Monopoly Administration will reduce their cigarette production plan quota and ban the product from being sold in China's cigarette wholesale trading market. Article 20: For those who violate Article 13 of the Regulations, the State Tobacco Monopoly Administration will punish them in accordance with relevant regulations or transfer them to relevant departments for punishment. Article 21: For those who violate Articles 14, 15, and 17 of the "Regulations", the State Tobacco Monopoly Administration will not issue a production permit. Chapter 4 Supplementary Provisions Article 22 Each provincial tobacco monopoly bureau may formulate specific management measures based on these Regulations. Article 23: These Regulations shall come into effect on the date of promulgation. The "Several Provisions of China National Tobacco Corporation on the Management of Trademarks on Cigarettes and Cigars" promulgated on April 8, 1988 are repealed at the same time; any other provisions on the management of trademark use of tobacco products that conflict with these "Regulations" shall be replaced by these provisions. "Regulations" shall prevail. Article 24 The State Tobacco Monopoly Administration is responsible for the interpretation of these Regulations.