Well-known trademark recognition and protection requirements
Article according to "The People's Republic of China Trademark Law" (hereinafter referred to as the Trademark Law), "The People's Republic of China Trademark Law Implementing Regulations" (hereinafter referred to as the implementation of the Ordinance), the enactment of this provision.
Provisions in the second well-known trademarks in China is widely known to the relevant public and enjoy a high reputation of the trademark.
Related to the public, including the use of a trademark is a particular type of goods or services to consumers, the production of goods or services above the other operators and distribution channels involved in the sales and related personnel.
Article III The following materials can be used as evidence that well-known trademarks:
(A) that related to the degree of public awareness of the trademarks related materials;
(B) show that the duration of the trademark materials, including the use of trademarks, registration history and scope of the material;
(C) that any publicity of the mark the duration, extent and geographical scope of the relevant material, including advertising and promotions manner, geographical scope, types of media publicity and advertising content and other related materials;
(D) show the mark as a well-known trademark protected records related materials, including the trade mark in China or other countries and regions as well-known trademark protected the material;
(E) that the famous mark and other evidentiary material, including the use of the mark production of major commodities in the past three years, sales volume, sales revenue, profits and taxes, sales area and other relevant materials.
Article parties that the preliminary approval of others and violation of trademark law trademark notice provisions of Article XIII, the Trademark Law and its implementing regulations can be based on the provisions of the Trademark Office to challenge, and to submit proof of its famous mark relevant material.
The parties that breach of a registered trademark of others under Article XIII of the Trademark Law, Trademark Law and its implementing regulations can be based on the provisions of Trademark Review and Adjudication Board to request an adjudication to cancel the registered trademark, and submit to prove its trademark famous the material.
Article in trademark management, the parties believe that others in the use of trademarks Trademark Law Article XIII of the circumstances, the request to protect their well-known trademark, may apply to the case occurred in the city (prefecture) or more industrial and commercial administration departments ban use of a written request and submit proof of its famous mark relevant material. Meanwhile, the duplicate to the local provincial industrial and commercial administration.
Article VI of industry and commerce administration departments received the trademark in the management of well-known trademark protection application, whether the case should be specified in Article XIII of the Trademark Law to review the following circumstances:
(A) the same or similar goods of others in the unauthorized use of the parties is not well-known trademark registered in China the same or similar trademarks, easily lead to confusion;
(B) another person without the same or similar goods is not the unauthorized use of the parties has been well-known trademark registered in China the same or similar trademarks, easy to mislead the public, with the result that the interests of the well-known trademark may be damaged.
The circumstances of the cases that belong to the city (prefecture) industrial and commercial administration departments shall accept the request of the parties 15 working days from the date would be the case materials to the location of all the provinces (autonomous regions and municipalities) industrial and commercial administration departments to the parties accepted the case issued notice; provinces (autonomous regions and municipalities) industrial and commercial administration department shall request the parties accepted the date 15 working days, will submit all case materials and Trademark Office. Industrial and commercial administrative departments at provincial level party site that belongs to such cases occurred in circumstances may also be submitted and Trademark Office.
That does not belong to the situation on a case should be based on trademark law and implementing regulations to deal with the relevant provisions in a timely manner.
Article provinces (autonomous regions and municipalities) industrial and commercial administrative departments shall, within the jurisdiction of this city (prefecture) submitted to the relevant administrative department for industry and commerce well-known trademark protection of a case review.
On that part of the provisions of the first paragraph of Article VI of the circumstances of the case, shall be received in this area in the city (prefecture) business case materials submitted by the administrative department of 15 working days from the date submitted to the Trademark Office.
On that is not within the provisions of the first paragraph of article VI of the circumstances of the case, the material should be returned to the original organ by the case, according to the Trademark Law and its implementing regulations of the relevant provisions of timely treatment.
Article VIII of the Trademark Office shall receive from the date of the relevant case made a determination within six months, and found the results to inform the incident to the provinces (autonomous regions and municipalities) industrial and commercial administration departments, copied the parties of the province (autonomous region, municipalities) industrial and commercial administration departments.
In addition to the material that famous trademark, the Trademark Office shall return the case to other cases, the place where the materials provinces (autonomous regions and municipalities) industrial and commercial administration departments.
Article has not been identified as well-known trademarks since the findings identified within one year from the date the parties may not be the same trademark on the same facts and reasons found the request again.
Article Trademark Office, Trademark Review and Adjudication Board finds that well-known trademarks, the Trademark Law shall be taken into account the factors specified in Article XIV, but not to the mark must meet all the factors which provides the premise.
Article Trademark Office, Trademark Review and Adjudication Board and the local industrial and commercial administration in protecting well-known trademark, the mark should be considered significant and well-known degree.
Requirements of Article XII of the parties according to Article XIII of the Trademark Law to protect its trademark when the trademark was to provide the competent authorities of China as a well-known trademark to protect the records.
The cases dealt with have been as well-known trademark to protect the scope of protection in cases of the same, and the other party no objection to the famous mark, or despite objections, but can not provide evidence that the trademark is not well-known material, handle the case industrial and commercial administrative departments according to the conclusions of the protection of records, deciding the case or treatment.
The cases dealt with have been as well-known trademark to protect the scope of protection in different cases, or other party to object to the well-known trademark, and provide evidence that the trademark is not well-known material, it should be by the Trademark Office or the Trademark Review and Adjudication Board Material well-known marks and to identify new review.
Article XIII of the parties that the well-known trademarks of others to register as a corporate name may deceive the public or to public misunderstanding, the name to the enterprise registration authority for the revocation of the enterprise name registration, business name registration authority shall in accordance with "Company Name Registration regulations "processing.
Article XIV of industry and commerce administration departments at all levels should strengthen the protection of famous trademarks, the suspected counterfeit trademark crime, the case shall be transferred promptly to the relevant departments.
Article XV protection of well-handling decisions, dealing with authorities of the province (autonomous regions and municipalities) industrial and commercial administrative departments shall duplicate to the Trademark Office.
Article XVI industrial and commercial administration at all levels should establish appropriate monitoring mechanisms, development of appropriate supervisory measures to strengthen the work of well-known trademarks recognized the whole process of supervision and inspection.
Trademark Identification work involved in personnel, abuse of power, favoritism, seek improper profits and illegally Trademark Identification related matters, shall be given administrative sanctions; constitute a crime shall be held criminally responsible.
Since the provisions of Article XVII June 1, 2003 shall come into force. August 14, 1996 issued by the State Administration for Industry and "well-known trademark recognition and management of temporary provision" shall be repealed simultaneously