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Measures for the identification and protection of famous trademarks in Yunnan Province

Article 1 In order to standardize the identification of famous trademarks in Yunnan Province and protect the legitimate rights and interests of famous trademark owners in Yunnan Province, in accordance with the Trademark Law of the People's Republic of China and the Trademark Law of the People's Republic of China These Measures are formulated based on laws and regulations such as the "Detailed Implementation Rules of the Trademark Law of the People's Republic of China" and the actual conditions of this province. Article 2 The famous trademarks of Yunnan Province as mentioned in these Measures refer to registered trademarks with high popularity, high trademark added value and strong competitiveness and which are recognized in accordance with these Measures.

For well-known trademarks recognized by the national industrial and commercial administration authorities, the management regulations for well-known trademarks shall apply. Article 3 The provincial industrial and commercial administration authorities are responsible for the identification and protection of famous trademarks in Yunnan Province; the prefecture, prefecture, city and county industrial and commercial administrative authorities are responsible for the protection of famous trademarks in Yunnan Province.

The planning, economic and trade, science and technology, foreign trade, state-owned assets, technical supervision, price and other departments shall, in accordance with their respective responsibilities, assist the industrial and commercial administrative authorities in the identification and protection of famous trademarks in Yunnan Province. Article 4 Applications for recognition of famous trademarks in Yunnan Province shall be made on a voluntary basis.

The recognition of famous trademarks in Yunnan Province follows the principles of openness and fairness. Article 5 To apply for the recognition of famous trademarks in Yunnan Province, the following conditions must be met:

(1) The owner of the registered trademark is an enterprise, institution, or individual industrial and commercial household registered in the province;

(2) The registered trademark has been actually used for more than 2 years;

(3) The goods using the trademark are of excellent quality and high visibility among similar and same-grade goods, and have been rated as Yunnan Province famous brand products ;

(4) The market share and other major economic indicators of the goods using the trademark are in a leading position in the same industry;

(5) After-sales service measures are complete and have a good reputation;< /p>

(6) The registered trademark owner has strict trademark use and management measures. Article 6 To apply for the recognition of famous trademarks in Yunnan Province, the applicant shall apply to the local, state, or municipal industrial and commercial administration authorities at the place of registration; enterprises registered with the provincial industrial and commercial administrative authorities may directly apply to the provincial industrial and commercial administrative authorities. Make an application. When applying, you should fill in the "Application Form for Famous Trademark Recognition in Yunnan Province" and submit the following supporting documents:

(1) Business license or corresponding legal qualification certificate;

(2) The Proof that the trademark is registered and used in China;

(3) Proof of the quality level of the goods using the trademark, the main economic indicators and sales area, sales volume and after-sales service measures in the past two years:

< p>(4) The coverage area of ??the trademark advertisement and the investment of advertising funds;

(5) Protection measures for the trademark. Article 7 The local, state, and municipal industrial and commercial administrative authorities shall conduct a preliminary review within 30 days from the date of receipt of the application, and submit their opinions to the provincial industrial and commercial administrative authorities for review. Article 8 The provincial administrative department for industry and commerce shall review the application materials and organize expert review within 60 days from the date of receipt of the reported application or the directly accepted application. Compliance with these measures will be reviewed and expert reviews will be organized. Those that comply with the relevant provisions of these Measures will be initially identified and announced; those that do not comply with the relevant provisions of these Measures will be returned with a written explanation of the reasons.

Anyone may raise an objection to a Yunnan Province famous trademark that has been initially recognized within 30 days from the date of announcement. If there is no objection or it is ruled that the objection cannot be established, the provincial industrial and commercial administration authority will make a determination and issue a "Yunnan Province Famous Trademark Certificate"; if the objection is ruled to be established, it will not be recognized.

The "Yunnan Province Famous Trademark Certificate" and the logo are uniformly produced by the provincial industrial and commercial administration agency. Article 9 The Yunnan Province famous trademark is valid for 3 years, starting from the date of announcement. Within 3 months before the expiration of the validity period, the owner of a famous trademark in Yunnan Province may apply to the provincial industrial and commercial administration for renewal. After review, if the conditions specified in Article 5 of these Measures are met, the renewal will be granted. Each renewal is valid for 3 years.

During the validity period, famous trademarks in Yunnan Province will be recommended by the provincial industrial and commercial administration to participate in the recognition of well-known trademarks.

Article 10 The following special protection shall be provided to the exclusive rights of famous trademarks in Yunnan Province:

(1) The owners of famous trademarks in Yunnan Province shall, in accordance with the law, use their product packaging, service venues, advertising, product manuals and other business activities in accordance with the law. The right to use Yunnan Province’s famous trademark words and logos is protected;

(2) The unique name, packaging, and decoration of goods using Yunnan Province’s famous trademarks are protected;

< p>(3) Without the permission of the Yunnan Province famous trademark owner, others may not use the trademark words as the name of an enterprise or other organization to register;

(4) Notify the Yunnan Province famous trademarks to all provinces and autonomous regions , Municipal industrial and commercial administration agencies coordinate protection. Article 11 The owners of famous trademarks in Yunnan Province shall improve their internal management systems, improve the quality of goods or services, and maintain the reputation of famous trademarks in Yunnan Province.

Famous trademarks in Yunnan Province may not be lent, leased or illegally transferred to other operators for use. Article 12 If the owner of a famous trademark in Yunnan Province transfers the trademark in accordance with the law, the transferee shall re-apply for recognition in accordance with the provisions of these Measures. Article 13 The following acts constitute infringement of the exclusive right to use famous trademarks in Yunnan Province:

(1) Using words, graphics and other combinations that are identical or similar to famous trademarks in Yunnan Province without authorization as an enterprise or other organization names, logos;

(2) Using the unique packaging, names and decorations of Yunnan Province famous trademarks without authorization;

(3) Using Yunnan Province famous trademarks on goods The trademarks are identical or similar enough to cause misunderstanding;

(4) Unauthorized use of trademarks in product packaging or containers, decorations, instructions, commodity transaction documents, advertising, exhibitions and other business activities, Using Yunnan Province’s famous trademark signs and their words;

(5) Damaging the reputation of Yunnan Province’s famous trademarks in other ways.