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Measures for the Recognition and Protection of Famous Trademarks in Shanxi Province

Chapter 1 General Provisions Article 1 In order to standardize the recognition of famous trademarks, protect the legitimate rights and interests of famous trademark owners, users and consumers, and promote economic development, in accordance with the "Trademarks of the People's Republic of China and the State" These measures are formulated based on laws and administrative regulations such as the Law of the People's Republic of China and the Implementation Regulations of the Trademark Law of the People's Republic of China and the State, and in light of the actual conditions of this province. Article 2 These Measures shall apply to the identification, protection and management of famous trademarks within the administrative region of this province. Article 3 Famous trademarks as mentioned in these Measures refer to registered trademarks that are well known to the relevant public within the administrative region of this province, enjoy a high reputation in the market, and are recognized in accordance with these Measures. Article 4 The application and recognition of famous trademarks shall follow the principles of voluntary application and openness, fairness and impartiality. Article 5 The provincial industrial and commercial administration department is responsible for the identification, protection, management and guidance services of famous trademarks.

The departments that perform industrial and commercial administrative functions determined by the people's governments at the districted city and county levels (hereinafter collectively referred to as the "industrial and commercial administrative departments") are responsible for the acceptance, preliminary review, recommendation, and registration of famous trademarks within their respective administrative regions. Conservation, stewardship and guidance services.

Relevant departments of the people's governments at or above the county level shall do relevant work according to their respective responsibilities. Article 6 People's governments at or above the county level shall allocate special funds to encourage trademark owners to increase their trademark popularity, cultivate famous trademarks, and commend and reward famous trademark owners. Chapter 2 Application and Recognition Article 7 Famous trademarks are recognized once a year. Before the end of March each year, the provincial administrative department for industry and commerce shall publish an announcement on its portal website to clarify matters related to the application for recognition of famous trademarks that year. Article 8 Applications for recognition of famous trademarks shall meet the following conditions:

(1) The applicant’s residence or the place of origin of the goods referred to by the trademark is within the administrative region of this province;

(2) In If it has been registered in China and has been actually used for three years, there is no dispute over the ownership of the trademark;

(3) The quality of the goods using the trademark is stable, in compliance with relevant national and provincial standards, and there are sound complaints and disputes about product quality Handling system, consumer complaint rate is low;

(4) The applicant has extensive advertising for the trademark, and the trademark is well known to the relevant public in the market and enjoys a high reputation;

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(5) The sales volume, tax payment and other major economic indicators of the goods using the trademark in the past three years are among the best in the same industry in the province;

(6) The applicant has established a relatively A sound trademark use, management and protection system;

(7) The applicant has not had any quality and safety accidents or violations of trademark laws and regulations in the past three years.

Item (5) of the preceding paragraph does not apply to applicants who are time-honored brands with a long history and are non-profit applicants who apply for recognition of famous trademarks. Article 9 If a trademark owner applies for recognition of a famous trademark, he shall apply to the local county-level industrial and commercial administration department, fill out the "Application Form for Recognition of Famous Trademarks in Shanxi Province", and submit relevant materials meeting the conditions specified in Article 8 of these Measures.

Applicants shall be responsible for the authenticity and legality of the materials submitted. Article 10 The county-level industrial and commercial administration department shall review the application materials and make a decision on whether to accept the application within fifteen working days from the date of receipt of the application materials. If it is decided to accept the application, the applicant shall sign the "Application Form for Famous Trademark Recognition of Shanxi Province" and report it to the industrial and commercial administration department of the districted city within seven working days from the date of the decision; if it is decided not to accept the application, the applicant shall be informed in writing .

The industrial and commercial administrative department of the districted city will complete the preliminary review within twenty working days from the date of receipt of the application, sign a recommendation opinion, and submit it to the provincial industrial and commercial administrative department. Article 11 The provincial industrial and commercial administration department shall review and verify the authenticity and legality of the application materials and solicit relevant departments, other organizations and the public within three months from the date of receipt of the application materials and preliminary review opinions. opinions. Article 12 The provincial industrial and commercial administration department shall establish a database of famous trademark review experts. According to the category and characteristics of the goods referred to by the trademark, experts are selected from the expert database to form a famous trademark review team and organize the review work.

Article 13: If the application is deemed to meet the conditions for famous trademark recognition after review, the provincial industrial and commercial administration department shall publicize it on its portal website for a period of fifteen days.

If the public raises objections during the publicity period, the provincial industrial and commercial administration department shall investigate the content of the objections. If the objection is established, the application for recognition shall be rejected. Article 14 The provincial administrative department for industry and commerce shall, based on the review opinions of the review team, identify a famous trademark, publish an announcement in the provincial media or the portal website of the provincial administrative department for industry and commerce, and issue a famous trademark plaque and certificate to the applicant. Article 15: In the examination and identification of famous trademarks, any business secrets involved shall be kept confidential. Article 16 A famous trademark is valid for three years, starting from the date of announcement. In the year when the validity period expires, you can reapply for recognition. Article 17 The expenses required for the review, identification, announcement and award of famous trademarks shall be included in the provincial fiscal budget for guarantee. No fees may be collected from applicants or charged in disguised form. Chapter 3 Protection and Management Article 18 People's governments at or above the county level and relevant departments shall provide support to famous trademark enterprises in government procurement, project bidding, state-owned land transfer, scientific research project arrangements, technological transformation, etc.