What is a famous trademark
(1) What is a famous trademark
China's famous trademarks refer to trademarks that are relatively well-known within a certain geographical range (such as provincial and municipal areas). It is mostly used in the selection of first-level reputational trademarks in provinces and municipalities in China, and often appears in local regulations.
(2) How to identify famous trademarks
The famous trademark identification agency is the provincial industrial and commercial administration department. The recognition standards are mainly measured and defined from the following aspects:
1. The trademark has been registered for three years and has been used in accordance with the law for three consecutive years since the date of registration ( High-tech product trademarks and trademarks used by private enterprises have been registered for one year), and there is no dispute over trademark ownership.
2. The trademark is widely known to the relevant public in the province and enjoys a high reputation. The advertising in the past three years has a certain degree of continuity and a relatively wide geographical area. scope, and have certain advertising investment in major media in the province.
3. The economic indicators of the goods or services referred to by the trademark in the past three years, including annual sales volume, operating income, net profit, taxation and market share in the world Leading in the same industry or similar goods or services in the province.
4. If the sales area of the goods referred to by the trademark is mainly within the province, its sales coverage should be at least nine cities and states; Those that focus on external sales should have at least five provinces, municipalities, and autonomous regions; those that focus on exports should have an annual export volume of at least US$3 million and have trademark registrations in more than two countries or regions.
5. The trademark applicant has a good business reputation, the company has a trademark management organization and management system, and there has been no infringement of the exclusive rights of others’ registered trademarks in the past three years; Other serious illegal business activities.
6. The goods referred to by the trademark orThe service has excellent quality, high credibility and good market prospects among similar goods or services in the province.
From the date a famous trademark is recognized, others use the same or similar words as the famous trademark as part of the company name, which may cause misunderstanding by the public. , the industrial and commercial administrative authorities will not approve the registration of the enterprise name; if it has been registered, the famous trademark registrant may request the industrial and commercial authorities to cancel the enterprise name within two years from the date it knows or should know.
Article 1 is to standardize the recognition of famous trademarks in Jiangsu Province, protect the legitimate rights and interests of famous trademark owners in Jiangsu Province, improve the popularity and market competitiveness of products in this province, and promote Economic development, these measures are formulated in accordance with the "Trademark Law of the People's Republic of China", the "Implementation Rules of the Trademark Law of the People's Republic of China" and other relevant laws and regulations, and in combination with the actual situation of the province.
Article 2: The famous trademarks of Jiangsu Province as mentioned in these Measures refer to those that enjoy a high reputation in the market, are well known to the relevant public, and have been approved by the provincial industrial and commercial administration department. Registered trademarks recognized in accordance with these Measures.
Famous trademarks in Jiangsu Province are limited to recognized registered trademarks and the products approved for use.
Article 3 These Measures shall apply to the identification and protection of famous trademarks in Jiangsu Province.
The provisions of these Measures on commodity trademarks shall apply to service trademarks.
Article 4 The provincial industrial and commercial administration department is responsible for the identification and management of famous trademarks in Jiangsu Province.
Other organizations and individuals may not identify or use other methods to identify famous trademarks in Jiangsu Province in disguise.
Article 5 The recognition of famous trademarks in Jiangsu Province shall be based on the principles of fairness, impartiality and openness.
Article 6: The recognition of famous trademarks in Jiangsu Province shall be subject to voluntary application by trademark registrants.
Applying for recognition of a famous trademark in Jiangsu Province should meet the following conditions:
(1) The trademark is a domestic trademark Register a trademark, and the trademark registrant’s domicile is within the province;
(2) The market coverage and share of the goods using the trademark are among the top in the same industry in the province ;
(3) The major economic indicators such as sales, profits and taxes, or export earnings of goods using the trademark in the past three years are leading in the same industry in the province;
(4) The trademark has a high degree of awareness among the relevant public and can pay attention to the advertising of the trademark;
(5) The trademark of exported goods should be registered in the major exporting country (region), and the goods using the trademark have a large sales volume or a wide range of sales areas;
(6) The quality of goods using this trademark reaches international standards or advanced domestic and foreign standards, there are clear methods for repair, replacement, and return, and the consumer complaint rate is low;
(7) There has been no infringement of the exclusive rights of others' registered trademarks, and there is a strong awareness of trademark self-protection and a strict trademark use management system;
(8) No other incidents have occurred Violations of trademark laws, regulations and rules.
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