Well-known trademark recognition and protection provisions
State Administration for Industry and Commerce to make
(No. 5)
"Well-known trademark recognition and protection provisions" has the PRC State Administration for Industry and executive meeting examined and approved, now in release, since June 1, 2003 shall come into force.
Secretary Wang Zhongfu
April 17, 2003
First under the "Trademark Law" (hereinafter referred to as the Trademark Law), "Implementation Regulations of the PRC Trademark Law" (hereinafter referred to as implementation of the Ordinance), the enactment of this provision.
Provisions of this Article is well-known trademarks in China, 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, the production of goods or services provided by the aforementioned operators and other distribution channels involved in sales and related personnel.
Article III The following materials can be used as evidence that well-known mark:
(A) that the relevant public know the extent of the trademarks related materials;
(B) prove that the trademark duration of relevant material, including the use of the trademark, registered in the history and scope of the material;
(C) that the mark of any publicity the duration, extent and geographical scope of the relevant material, including advertising and promotional activities in a way, geographic scope, the media type and amount of advertising and other related materials;
(D) that the mark as a well-known trademarks protected record of relevant material, including the trademark has been in China or other countries and regions as well-known trademarks protected in the material;
(E) prove that the well-known trademark other evidence, including the use of the trademark production of major commodities in the past three years, sales volume, sales revenue, profits, sales area and other relevant materials.
Article parties that the preliminary approval of others and trademark notices of violation of the provisions of Article XIII of the Trademark Law, Trademark Law and its implementing regulations can be based on the provisions of the Trademark Office to challenge and prove its well-known trademark to submit relevant materials.
Other parties that have registered trademarks in violation of the provisions of Article XIII 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 of the materials.
Article in trademark management, the parties that belong to others to use the trademark Trademark Law article 13 case, the request to protect their well-known trademark may apply to the case took place in the city (state) industrial and commercial administrative department of the above prohibition the use of a written request and submit proof of its well-known trademark of the materials. At the same time, send a copy to the provincial industrial and commercial administration departments.
Article industrial and commercial administration departments received trademark protection in the management of well-known trademark application, whether the case should be the Trademark Law article 13 to review the following circumstances:
(A) others in the same or similar goods with unauthorized use of the parties is not well-known trademarks 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 and the parties have well-known trademarks registered in China the same or similar trademarks, misleading the public, resulting in the well-known trademark registered interests may be compromised.
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 , handled 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 industrial and commercial administrative departments that the cases occurred in the case of belonging to the above, can also be submitted to the Trademark Office.
The case does not belong on that case, the Trademark Law and the implementing regulations should be based on the relevant provisions of timely treatment.
Article provinces (autonomous regions and municipalities) industrial and commercial administrative departments shall, within the jurisdiction of the city (prefecture) of industrial and commercial administrative departments to submit the case for well-known trademark protection materials for review.
Provisions of that part of the first paragraph of Article VI of the case situation, shall receive the area city (state) industrial and commercial administrative departments to submit the case materials within 15 working days from the date submitted and Trademark Office.
That does not belong to the provisions of article 6 of the circumstances of the 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 timely treatment.
Article VIII of the 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 administrative departments.
In addition to well-known materials, the certification mark, the Trademark Office shall return the case materials will be other cases occurred where the provinces (autonomous regions and municipalities) industrial and commercial administrative departments.
Article IX is not recognized as a well-known trademark, self-determined results of 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 Trademark Office, Trademark Review and Adjudication Board in the well-known trademarks, the trademark should be taken into account the provisions of Article XIV of the factors, but not to the trademark must meet all the factors which provides the premise.
Article XI and Trademark Office, Trademark Review and Adjudication Board and the local administrative department in the protection of well-known trademark, the trademark should be considered significant and well-known degree.
Requirements of Article XII of the parties according to Article XIII of trademark law to protect its trademark when the trademark has been to provide the competent authorities of China as well-known trademarks to protect the records.
The admissibility of the case and has been well-known trademark to be protected as the case is basically the same scope of protection, and no other party has objection to the trademark is famous, or despite objections, but can not provide evidence that the trademark is not well-known material, the admissibility of the case industrial and commercial administrative departments can be based on the conclusions of the protection of records, or make a ruling on the case processing.
The admissibility of the case and has been well-known trademark to be protected as the case of 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 Board re-examination of material well-known trademarks, and make a determination.
Article XIII of the parties that the other well-known trademarks as their corporate name registration, may deceive the public or to public misunderstanding, and can apply for business name registration authority to revoke the registration of business name, business name registration authorities should be in accordance with "Company Name Registration regulations "processing.
Article XIV industrial and commercial administrative departments at all levels should strengthen the protection of famous trademarks, the suspected counterfeit trademark criminal cases should be promptly transferred to the departments concerned.
Article XV of the decision to protect famous trademarks, treatment agencies where the provinces (autonomous regions and municipalities) should send a copy of the administrative department for industry and commerce and Trademark Office.
Article XVI industrial and commercial administrative departments at all levels should establish appropriate monitoring mechanisms, to develop appropriate supervisory measures to enhance the well-known trademark recognition for the work of the whole process of supervision and inspection.
Well-known trademark recognition in the work of the staff, abuse of power, favoritism, seek illegitimate interests, well-known trademark recognition for law related matters, 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.