According to the relevant provisions of the Regulations on the Administration of Special Signs issued by the State Council in July 1996, the administrative department for industry and commerce of the State Council accepts applications for registration of special signs, and the Trademark Office, as a functional department of the State Administration for Industry and Commerce, specifically undertakes the acceptance of applications for special signs. Applicants for special signs should be organizers or organizers of social welfare activities. Applicants have the right to apply for registration of their names, abbreviations, emblems and mascots to the administrative department for industry and commerce of the State Council.
you can apply for registration of special signs directly, or you can entrust others to act as an agent. If an agent is entrusted to another person, a power of attorney shall be submitted, and the power of attorney shall specify the content and authority of the agent. The validity period of special signs is four years, counting from the date of registration and approval. The owner of special signs may apply for extension within 3 months before the expiration of the validity period, and the extension period shall be decided by the administrative department for industry and commerce of the State Council according to the actual situation and needs.
related information: the people's Republic of China * * * and the people's Republic of China the State Council have promulgated the Regulations on the Administration of Special Signs, which will come into force as of the date of promulgation. The State Council Premier Li Peng July 13th, 1996
Regulations on the Administration of Special Signs
Chapter I General Provisions
Article 1 These Regulations are formulated in order to strengthen the administration of special signs, promote the development of culture, sports, scientific research and other social welfare activities, and protect the legitimate rights and interests of owners, users and consumers of special signs.
article 2 the special signs mentioned in these regulations refer to the names and abbreviations, emblems, mascots and other signs composed of characters and graphics used in national and international cultural, sports, scientific research and other social welfare activities approved by the State Council.
article 3 special signs approved and registered by the administrative department for industry and commerce of the State Council shall be protected by these regulations.
Article 4 A special sign consisting of words and graphics containing the following contents shall not be registered: (1) It is detrimental to the dignity or image of a country or an international organization; (two) harmful to social good customs and public order; (three) with ethnic discrimination, which is not conducive to national unity; (four) lack of significance, not easy to identify; (5) Other contents prohibited by laws and administrative regulations.
Article 5 The funds raised by the owners of special signs or those who permit others to use special signs must be used for social welfare undertakings served by special signs, and shall be subject to the supervision of the financial departments and auditing departments of the State Council.
Chapter II Registration of Special Signs
Article 6 Where the organizers or organizers of social welfare activities need to protect the special signs such as their names, emblems and mascots, they shall apply to the administrative department for industry and commerce of the State Council for registration. The application for registration can be handled directly or entrusted by others.
article 7 to apply for the registration of special signs, an application for the registration of special signs shall be filled in and the following documents shall be submitted: (1) a document of the State Council approving the holding of the social welfare activity; (two) the conditions and management measures for allowing others to use special signs; (three) 5 copies of special logo pattern, 1 copy of black and white ink draft. The pattern should be clear, easy to paste, printed with bright and durable paper or replaced by photos, and the length and width should not be more than 1 cm and not less than 5 cm; (4) Where an agent is entrusted, a power of attorney of the agent shall be attached, indicating the entrusted matters and authority; (five) other documents that should be submitted by the administrative department for Industry and Commerce of the State Council.
article 8 after receiving the application, the administrative department for industry and commerce of the State Council shall handle it according to the following provisions: (1) if the application documents are complete and correct in accordance with the relevant provisions of these regulations, it shall issue a notice of acceptance of the application for registration of special signs within 15 days from the date of receiving the application, and within 2 months from the date of issuing the notice, it shall register the relevant matters and patterns of special signs and the goods and services approved for use in the special signs register and issue a special signs registration certificate. After the special signs are approved and registered, they shall be announced by the administrative department for industry and commerce of the State Council. (2) If the application documents are incomplete or incorrect, a notice of correction of the application for registration of special signs shall be issued within 1 days from the date of receipt of the application, and the application shall be corrected within 15 days from the date of receipt of the notice; If no correction is made or the correction still does not meet the requirements, a notice of rejection of the application for registration of special signs shall be issued. (three) in violation of the provisions of article fourth of these regulations, a notice of rejection of the application for registration of special signs shall be issued within 15 days from the date of receiving the application. If the applicant refuses to accept the notice of rejection, he may, within 15 days from the date of receiving the notice of rejection, apply to the administrative department for industry and commerce of the State Council for reconsideration. All kinds of notices listed in the preceding paragraph shall be served on the applicant or his agent by the administrative department for industry and commerce of the State Council. If it cannot be delivered directly for some reason, the delivery date shall be 2 days from the date of announcement or mailing by the administrative department for industry and commerce of the State Council.
Article 9 The period of validity of special signs is 4 years, counting from the date of approval and registration. The owner of special signs may apply for extension within 3 months before the expiration of the validity period, and the extension period shall be decided by the administrative department for industry and commerce of the State Council according to the actual situation and needs. If the owner of special signs changes his address, he shall report to the administrative department for industry and commerce of the State Council for the record within 1 month from the date of change.
Article 1 Where a special sign that has been approved for registration is under any of the following circumstances, any unit or individual may, during the period from the date of publication of the special sign announcement to its expiration, state the reasons and provide corresponding evidence to the the State Council Administration for Industry and Commerce, and request that the registration of the special sign be declared invalid: (1) It is identical with or similar to the special sign that has been applied for earlier; (2) identical with or similar to a trademark that has been previously applied for registration or a registered trademark; (3) It is identical with or similar to a patent for design that has been previously applied for or has been patented according to law; (4) Infringing the copyright of others.
article 11 the administrative department for industry and commerce of the State Council shall, within 1 days from the date of receiving the application for invalid registration of special signs, notify the respondent and limit it to reply within 15 days from the date of receiving the notice. If the respondent refuses to reply or exceeds the time limit for reply without justifiable reasons, it shall be deemed as giving up the right to reply.
Article 12 The administrative department for industry and commerce of the State Council shall make a ruling within 3 months from the date of receiving the application for invalid registration of special signs, and notify the parties concerned; If a party refuses to accept the ruling, it may, within 15 days from the date of receiving the notice, apply to the administrative department for industry and commerce of the State Council for reconsideration.
Chapter III Use and Protection of Special Signs
Article 13 The owner of a special sign may use the sign on advertisements, souvenirs and other articles related to his public welfare activities, and permit others to use it on goods or services approved by the the State Council Administration for Industry and Commerce.
article 14 users of special signs shall be enterprises, institutions, social organizations and individual industrial and commercial households established according to law. The user of special signs shall sign a written use contract with the owner. The user of special signs shall, within one month from the date of signing the contract, submit a copy of the contract to the administrative department for industry and commerce of the State Council for the record, and report it to the administrative department for industry and commerce of the people's government at or above the county level where the user is located for filing.
Article 15 Where the owner or user of a special sign commits one of the following acts, the administrative department for industry and commerce of the people's government at or above the county level where the act is located shall order it to make corrections and may impose a fine of less than 5, yuan; If the circumstances are serious, the administrative department for industry and commerce of the people's government at or above the county level shall order the user to stop using the special sign, and the administrative department for industry and commerce of the State Council shall cancel the registration of the owner's special sign: (1) changing the text and graphics of the special sign without authorization; (2) Licensing others to use special signs, without signing a use contract, or the user fails to report to the administrative department for industry and commerce of the State Council within the prescribed time limit or fails to report to the administrative department for industry and commerce of the local people's government at or above the county level for filing; (three) beyond the scope of goods or services approved and registered.
Article 16 In case of any of the following acts, the administrative department for industry and commerce of the people's government at or above the county level shall order the infringer to immediately stop the infringement, confiscate the infringing goods, confiscate the illegal income, and impose a fine of less than five times the illegal income. If there is no illegal income, a fine of less than 1, yuan shall be imposed: (1) Unauthorized use of words, figures or their combinations that are the same as or similar to the owner's special signs; (two) without the permission of the owner of the special signs, manufacturing and selling the special signs or using the special signs for commercial activities; (three) other acts that cause economic losses to the owners of special signs.
article 17 when the owner or user of a special symbol finds that the ownership or use right of the special symbol has been infringed, he may complain to the administrative department for industry and commerce of the people's government at or above the county level where the infringer is located or where the infringement occurred; You can also bring a lawsuit directly to the people's court. The administrative department for industry and commerce shall, at the request of the owner of special signs, preside over mediation on civil compensation for infringement when accepting complaints about cases of infringement of special signs; If mediation fails, the owner of the special signs may bring a suit in a people's court.
article 18 the administrative department for industry and commerce, when accepting cases of infringement of special symbols, may exercise the following functions and powers when investigating and collecting evidence, and the parties concerned shall provide assistance and may not refuse: (1) ask the parties concerned; (2) Examining articles related to infringement activities; (3) Investigating acts related to infringement activities; (4) consulting and copying business materials such as contracts and account books related to infringement activities.
Chapter IV Supplementary Provisions
Article 19 The charging standards for application fees, announcement fees and registration fees for special signs shall be formulated by the financial department of the State Council and the price department jointly with the administrative department for industry and commerce of the State Council.
Article 2 The format of relevant documents for applying for registration of special signs shall be formulated by the administrative department for industry and commerce of the State Council.
article 21 the protection of names, emblems, mascots and other symbols used by organizations that have been approved by the State Council to represent China in international cultural, sports and scientific research activities shall be implemented with reference to the provisions of these regulations.
article 22 these regulations shall come into force as of the date of promulgation. The State Council promulgated on July 13th, 1996.