Famous trademark identification 上海休闲养生场所 and protection regulations
Original title: Famous trademark identification and protection regulations Article 1 According to the Labor Market Law of the People’s Republic of China (hereinafter referred to as Trademark Law), this provision is developed in accordance with the Regulations on Trademark Law of the People’s Republic of China (hereinafter referred to as implementation regulations).
Article 2 The well-known trademark in this provision refers to a trademark that China is widely known and has a high reputation in China.
The relevant public includes consumers related to certain types of goods or services indicated by trademarks, producing the aforementioned commodity or other operators and services involved in the distribution channels. Article 3 The following materials can be used as evidence materials that demonstrate trademarks: (1) Prove that relevant publications of the relevant public on the recognition of the trademark; (2) prove the relevant materials for the use of the trademark, including the trademark, registration history And scope of materials; (3) proved that the duration, degree and geographical material of any propaganda work of the trademark, including advertising publicity and promotional activities, regional scope, category of publicity media, and advertising amounts Materials; (4) proves that the trademark is related to the relevant materials of the well-known trademark protected record, including the trademark of relevant materials protected by a well-known trademark in China or other countries; (5) proved other evidence materials that the trademark is well-known. Including the use of the main items of the trademark for nearly three years of production, sales, sales revenue, tax, sales area, etc. Article 4 The parties believe that the trademarks of others can conduct a preliminary verification and announcement of Article 13 of the Trademark Law, which may be discounted to the Trademark Office according to the regulations of the Trademark Law and its implementation regulations, and submit relevant materials that have been well-known.
If the parties believe that the trademarks of others have registered Article 13 of the Trademark Law, according to the Trademark Law and its implementation regulations, the parties may decline the registered trademark to the Trademark Review Committee, and submit the relevant materials that have been known for its trademark. Article 5 In the trademark management work, the parties believe that the trademarks used by others shall be stipulated in Article 13 of the Trademark Law, requested to protect its well-known trademarks, and the city (ground, state) or above the city or more industry administration department. The written request for use is proposed and the relevant materials that have been submitted to its trademark are submitted.
At the same time, copy the provincial-level industrial administration department.
Article 6 After the business administrative department receives the application for the protection of well-known trademarks in trademark management, it shall examine whether the cases under Article 13 of Trademark Law shall be reviewed: (1) Others are in the same or similar goods Using the same or approximate trademark of well-known trademarks that are registered in China, it is easy to cause 上海耍耍网114 confusion; (2) Others use the same or similar trademarks that have been registered in China without the same or similar goods. It is easy to mislead the public, resulting in the benefits of the well-known trademark registrant may be damaged.
For cases that believe that the above cases, the administrative department of the city (ground, state) should be submitted to the entire case material (autonomous region, municipality) industry administration department within 15 working days from the date of accepting the request of the parties. And issued a notice of acceptance of the case; the administrative department of the provincial (autonomous region, municipality) should submit all case materials to the Trademark Office within 15 working days from the date of accepting the request. If the provincial-level industrial and commercial administrative department, the case where the administrative department of the administrative department, it can also be submitted to the above case.
For cases that believe that it is not the above case, it should be processed in a timely manner according to the relevant provisions of the Trademark Law and the Regulations. Article 7 The Administration of Industry and Commerce in the province (autonomous region, municipality) should review case materials on the protection of well-known trademark protection in the city (ground, state) industrial administration in the jurisdiction. For cases that believe that the case of Article 6 of these Provisions shall be submitted to the date of receipt of the case materials reported by the city (land, state) industrial and commercial administration department in the jurisdiction. . For cases that believe that the case of paragraph 1, paragraph 1 of this provision, the relevant materials should be returned to the original case, which is treated in a timely manner according to the relevant provisions of the Trademark Law and Implementation Regulations.
Article 8 The Trademark Authority shall make a certification within six months from the date of receipt of the relevant case materials, and will notify the current province (autonomous region, municipality), the administrative department of the administrative department, and the province where the parties are located (autonomous region) , Municipality directly under the Central Government, Industry and Commerce Administration. In addition to proven materials, the Trademark Office shall return other cases of materials to the Administration of Industry and Commerce in the provincial (autonomous region, municipality).
Article 9 Unconssed as a well-known trademark, the parties must once again propose a request for the same facts and reasons for the same facts and reasons in the same trademark.
Article 10 The Trademark Bureau, when identifying a well-known trademark, should consider the factors specified in Article 14 of the Trademark Law, but do not meet the full factors of the provisions of this article. Article 11 If the Trademark Office, the Trademark Review Committee, and local industrial and commercial administrations should consider the significance and wellheading of the trademark when protecting the famous trademark. Article 12 When the parties are required to protect its trademarks based on Article 13 of the Trademark Law, it can provide records that have been protected by our relevant authorities as a well-known trademark. The case of the case is basically the same as the protection range of cases that have been protected as a well-known trademark, and the other party has no objection to the trademark name, although there is any objection, but does not provide evidence materials that the trademark is not well-known, accept the case. The Industrial and Commercial Administration can make a ruling or handling the case according to the conclusion of the protection record.
The cases of the case have been different from the cases that have been protected as a well-known trademark, or the other party has a disagreement of the trademark, and provides the trademark of evidence materials, and shall be subject to the Trademark Office or the Trademark Review Committee. A well-known trademark material re-examined and made it. Article 13 The parties believe that others will register their well-known trademarks as a corporate name, may deceive the public or cause misunderstandings to the public, and can apply to the enterprise name registration authority to revoke the company name registration, and enterprise name registration authorities shall follow the enterprise name Registration Management Regulations. Article 14 The Administration of Industry and Commerce at all levels shall strengthen the protection of well-known trademarks, and should be transferred to the relevant departments in a timely manner for suspected counterfeit trademark crimes.
Article 15 The processing decision to protect the well-known trademark, the administrative department of the provincial (autonomous region, municipality) of the processing organ, should copy the report of the trademark office. Article 16 If the administrative department of the industrial and commercial administration at all levels should establish a corresponding supervision mechanism to formulate corresponding supervision and restricts, strengthen supervision and inspection of the whole process of well-known trademarks.
Participate in the relevant personnel, abuse of power, and malpractice, abuse of power, and malfielding, illegally handling relevant matters related to well-known trademarks, and give administrative sash according to law; constitute a crime, investigate criminal responsibility according to law.
Article 17 These Provisions shall be implemented since June 1, 2003. On August 14, 1996, the National Industry and Commercial Administration promulgated and the provisional provisions of the famous trademark identification and management of the Administration were carried out.
(Editor: Lin Lu, Lu Wei).