Republic of China State Administration for Industry to make
No. 5
"Well-known trademark recognition and protection provisions" has the PRC State Administration for Industry Service Board meeting, are hereby released from June 1, 2003 shall come into force.
Wang Zhongfu
April 17, 2003
Well-known trademark recognition and protection provisions
First under the "Trademark Law" (hereinafter referred to as the Trademark Law), "Regulations for the Implementation of the PRC Trademark Law" (hereinafter referred to as implementing regulations), enactment of this provision.
Provisions of this Article is well-known trademarks in China is widely known to the relevant public and enjoy a high reputation in the mark.
Related to the public, including with the use of trademark is certain goods or services to consumers, produce goods or provide services to the above operators and other distribution channels involved in sales and related personnel.
Article III The following materials can be used as evidence to prove well-known mark:
(A) that the relevant public know the extent of the trade mark of the material;
(B) prove that the trademark duration of relevant material, including the use of the trademark, registered the 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 promotional activities, methods, geographical scope, the media types and amount of advertising and other related materials;
(D) that the mark as a well-known trademark protected record of relevant material, including the trademark has been in China or other countries and regions as the well-known trademark protected material;
(E) show that the well-known trademark other evidence, including the use of the trademarked goods in the last three years of production, sales volume, sales revenue, profits, sales area and other relevant materials.
Article by the parties that the initial approval of others and trademark violations trademark notice stipulated in Article 13, Trademark Law and its implementing regulations can be based on the provisions of the Trademark Office objection, and submit proof of its well-known trademark related materials.
Other parties that have registered trademarks stipulated in Article 13 violation of the Trademark Law, Trademark Law and its implementing regulations can be based on the provisions of the request to the Trademark Review and Adjudication Board ruled that the revocation of the registered trademark, and submit proof of its well-known trademark related materials.
Article in trademark management, the parties that belong to others to use the trademark under the Trademark Law Article XIII of the case, the request to protect its well-known trademark may apply to the case took place in the city (state) or more industrial and commercial administrative departments prohibitthe use of a written request and submit proof of its well-known trademark related materials.At the same time, send a copy to the provincial commercial administrative department.
Article in the administrative department for industry and commerce administration received trademark protection of well-known trademark application, trademark law should be the case whether it is stipulated in Article 13 to review the following circumstances:
(A) others in the same or similar goods without the parties did not use the well-known trademarks registered in China the same or similar trademarks, easily lead to confusion;
(B) is not identical to others in similar goods or not to use unauthorized parties have well-known trademarks registered in China the same or similar trademarks, misleading the public, resulting in the well-known trademark interests may be damaged.
Considered to be the case for the case, city (state) industrial and commercial administrative department shall accept the request of the parties within 15 working days from the date, the location of all case materials submitted to the provinces (autonomous regions and municipalities) and commercial administrative departments, admissibility of the case issued a notice to the parties; provinces (autonomous regions and municipalities) industrial and commercial administrative department shall accept the request of the parties within 15 working days from the date, all the case materials will be submitted to the Trademark Office.Party provincial commercial administrative department that the case falls within the above situation occurs, it can be submitted to the Trademark Office.
Considered to be not the case for the above cases should be based on trademark law and implementing regulations of the relevant provisions of the timely processing.
Article provinces (autonomous regions and municipalities) industrial and commercial administrative departments shall in this area city (state) submitted to the administrative department of the well-known trademark protection of a case for review.
Provisions of that part of the first paragraph of Article VI of the case circumstances, shall be received in this area the city (prefecture) administrative department of case materials submitted within 15 working days from the date submitted to the Trademark Office.
That does not belong to the first paragraph of Article VI of this case provides a case, the material should be returned to the original case by the authorities, according to the Trademark Law and its implementing regulations of the relevant provisions of the timely processing.
Article and Trademark Office shall receive the relevant case within six months from the date a determination is made, and found the results to inform the incident to the provinces (autonomous regions and municipalities) and commercial administrative departments, copy the parties of the province (autonomous region,municipalities) industrial and commercial administration departments.
In addition to well-known materials, the certification mark, the Trademark Office shall return the materials to other cases where the incident occurred in provinces (autonomous regions and municipalities) industrial and commercial administration departments.
Article IX is not recognized as a well-known trademark, since the findings identified within one year from the date the parties may not be the same trademark on the same facts and reasons for the request again identified.
Article and Trademark Office, Trademark Review and Adjudication Board in the well-known trademarks, the Trademark Law should be taken into account the factors specified in Article XIV, but not to the trade mark must satisfy all the factors which requires as a precondition.
Article XI and Trademark Office, Trademark Review and Adjudication Board and the local administrative department for industry and commerce in the protection of well-known trademark, the trademark should be considered significant and well-known degree.
Article XII upon the request according to Article XIII of the Trademark Law to protect its trademark, provide the competent authorities of China's trademark was well-known trademarks to be protected as a record.
The admissibility of the case and has been used as a case of well-known trademark to be protected the same scope of protection, and the other party no objection to the well-known trademark, or despite objections, but can not provide evidence that the trademark is not well-known materials, cases handled by theindustrial and commercial administrative departments according to the conclusions of the protection of records, or make a ruling on the case processing.
The admissibility of the case and has been used as a case of well-known trademark to protect the scope of protection is different from the well-known trademark, or other party disagrees, and provide evidence that the trademark is not well-known material, it should be by the Trademark Office or the Trademark Review and Adjudication BoardMaterial well-known trademarks to be re-examined and identified.
Article XIII of the parties that the well-known trademarks of others as their business name registration, may deceive the public or to public misunderstanding, the name to the enterprise registration authority for the revocation of the registration of business name, business name registration authorities should be in accordance with "Company Name Registrationregulations' treatment.
Article XIV at all levels of industry and commerce administrative departments shall strengthen the protection of famous trademarks, the suspected counterfeit trademark criminal cases shall be transferred promptly to the relevant departments.
Article XV of the well-known trademarks to protect the decision to deal with authorities where the provinces (autonomous regions and municipalities) industrial and commercial administrative department shall send a copy of the Trademark Office.
Article XVI industrial and commercial administrative departments at all levels to establish the appropriate oversight mechanisms, formulate corresponding supervisory control measures to strengthen the well-known trademark recognition of the whole process of supervision and inspection.
In well-known trademarks as the work of staff, abuse of power, favoritism, seek improper profits, law matters for well-known trademark recognition shall be given administrative sanctions; constitutes a crime, be held criminally responsible.
Article 17 These Provisions since June 1, 2003 shall come into force.August 14, 1996 issued by the State Administration for Industry "well-known trademark recognition and management of the Interim Provisions" shall be repealed simultaneously.