On April 21, 2009, the State Administration for Industry and Commerce Industrial Trademark No. [2009] No. 81 was released
First Chapter General Provisions
Article 1 is to promote the implementation of trademark strategy, standardize the identification of well-known trademarks, and promote the further institutionalization, standardization, procedure, and rule of law of well-known trademark identification. ization, effectively safeguard the legitimate rights and interests of trademark owners, improve the intellectual property protection system, optimize the innovation environment, and promote sound and rapid economic and social development. "Regulations on the Recognition and Protection of Well-Known Trademarks" and "Regulations on the Main Responsibilities and Internal Organizations and Staffing of the State Administration for Industry and Commerce" formulate these detailed rules.
Recognition and Protection Regulations", "Trademark Review Rules" and the relevant provisions of the State Administration for Industry and Commerce "Regulations on the Main Responsibilities, Internal Structures and Staffing of Each Department (Department, Bureau, Office)" to recognize well-known trademarks.
Article 3 The purpose of well-known trademark identification is to increase the protection of trademark rights, guide enterprises to implement trademark strategies, use independent trademarks, enrich trademark connotations, and pay attention to trademark knowledge Property rights innovation and protection, improve trademark visibility, form a group of advantageous enterprises with independent intellectual property rights and well-known brands, strong international competitiveness, promote enterprise and economic and social development, and promote the construction of an innovative country.
Article 4 The Trademark Office and the Trademark Review and Adjudication Board shall carry out the identification of well-known trademarks strictly, accurately and in accordance with the law, correctly guide public opinion propaganda, and promote the establishment of the well-known trademark identification and protection system. Healthy development, support and help enterprises to implement trademark strategies rationally.
The Trademark Office should guide local industrial and commercial administrative departments to strictly control the application for well-known trademark recognition to ensure that the content of the application materials is true and accurate.
Article 5 The Trademark Office and the Trademark Review and Adjudication Board shall establish a Well-known Trademark Recognition Committee, whose members shall include the Trademark Office and the Trademark Review and Adjudication Board.The chief, director, deputy director, deputy director, inspector, deputy inspector. The director and director are the chairman members.
Article 6 The Trademark Office and the Trademark Review and Adjudication Board Office shall accept, organize and review application materials for well-known trademark recognition in accordance with these detailed rules; the Office of the Director of the Trademark Office, The Trademark Review and Adjudication Board shall conduct the examination and approval work in the recognition of well-known trademarks in accordance with these Rules; the Well-known Trademark Recognition Committee shall carry out the re-examination work in the recognition of well-known trademarks in accordance with these Rules; the Office of the Director of the State Administration for Industry and Commerce shall meet at the well-known Trademark Recognition Committee’s proposed Well-known trademarks will be reviewed.
Chapter 2: Review and Approval of Well-known Trademark Recognition Applications
Section 1: Well-known Trademark Recognition Applications Factors to be considered,
evidence materials
Article 7: The determination of a well-known trademark shall be based on the Trademark Law According to the provisions of Article 14, the following factors are taken into consideration, but it does not presuppose that the trademark must meet all of the following factors:
(1) The relevant public’s interest in The degree of awareness of the trademark;
(2) The duration of use of the trademark;
(3) The duration, extent and geographical scope of any publicity work for the trademark;
(4) Records of the trademark being protected as a well-known trademark;
(5) Other factors that make the trademark famous.
Article 8 To determine a well-known trademark, the following evidence materials proving that the trademark is well-known shall be reviewed in accordance with the provisions of Article 3 of the "Provisions on the Recognition and Protection of Well-known Trademarks":
(1) Relevant materials proving the relevant public’s awareness of the trademark;
(2) Proving the trademark Materials related to the duration of use, including the history and scope of use and registration of the trademark;
(3) Proof of the duration of any publicity work for the trademark , extent and geographical scope, including relevant materials such as the methods of advertising and promotional activities, geographical scope, types of promotional media, and the amount of advertising;
(4) Relevant materials proving that the trademark is protected as a well-known trademark, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions;
(5) Other evidence materials proving that the trademark is well-known, including the production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials of the main products using the trademark in the past three years.Section 2: Review in Trademark Management Procedures
Article 9 Provincial Industrial and Commercial Administration Regarding the case materials for well-known trademark recognition applications and evidence materials proving that the trademark is well-known, submitted by the administrative agency in accordance with the "Regulations on the Recognition and Protection of Well-known Trademarks", the Trademark Office implements a separate system for receiving documents and processing documents. The General Division of the Trademark Office is responsible for receiving documents, and the relevant undertaking departments are responsible. Organize materials and create a register for registration.
If the applicant submits supplementary evidence materials for an application for well-known trademark recognition filed during trademark management, the relevant office may submit the relevant application to the Trademark Office Director’s office meeting. Incorporate the supplementary materials into the application materials and organize them.
Article 10: The Office in Charge may seek opinions from relevant offices or departments on technical issues such as the distinctiveness and degree of well-knownness of a trademark.
When the undertaking office deems it really necessary, it may learn about the relevant situation from the local industrial and commercial administrative department.
Article 11: For applications for well-known trademark recognition submitted during trademark management, the director of the Office shall preside over a meeting to discuss and put forward preliminary opinions. The number of participants in the office meeting shall not be less than two-thirds of the entire office staff. Minutes of the meeting should be kept.
Article 12 After discussion at the office affairs meeting, a preliminary opinion on whether the trademark meets the conditions for a well-known trademark or does not meet the conditions for a well-known trademark will be reported by the director to the deputy director in charge. The deputy director in charge submitted it to the Trademark Office director's office meeting for discussion.
Section 3 Review in Trademark Opposition Procedure
Article 13 Regarding Trademark Opposition ( Applications for well-known trademark recognition filed in the international registration process (including trademark objections in international registration procedures) shall, in principle, be based on the application time for trademark opposition in accordance with the provisions of the Trademark Law, the Implementing Regulations of the Trademark Law and the Provisions on the Recognition and Protection of Well-known Trademarks. Reviewed in order.
Article 14: Personnel responsible forThe certification materials for well-known trademarks shall be sorted out and submitted to the administrative meeting for discussion after discussion by the collegial group. The director of the department shall preside over a department meeting, and the number of participants in the meeting shall not be less than two-thirds of the entire department. Minutes of the meeting should be kept.
Article 15: After discussion at the handling meeting, opinions or evidence are formed that the evidence materials are sufficient and that the opposition case indeed needs to be decided in accordance with Article 13 of the Trademark Law If there are any deficiencies and the opinion that the opposition case does not need to be ruled in accordance with Article 13 of the Trademark Law, the director of the division shall report it to the deputy director in charge. The deputy director in charge submitted it to the Trademark Office director's office meeting for discussion.
Section 4: Review of Trademark Objections and Trademark Dispute Procedures
Review
Article 16 For well-known trademark recognition applications submitted during trademark opposition review or trademark dispute procedures, the Trademark Review and Adjudication Board shall comply with the Trademark Law, the Implementation Regulations of the Trademark Law, and the Well-known Trademark "Trademark Recognition and Protection Regulations" and "Trademark Review Rules" will be reviewed.Article 17: Cases involving the recognition of well-known trademarks by the Trademark Review and Adjudication Board shall be heard by a collegial panel formed by the case handling office.
The collegial panel shall be composed of an odd number of three or more trademark review personnel. The director of the case handling office must serve as a member of the collegial panel. When the collegial panel hears cases involving the recognition of well-known trademarks, the principle of minority submission to the majority is implemented.
Article 18: If the collegial group deems after review that it basically meets the conditions for a well-known trademark, the director shall report it to the deputy director in charge. If the deputy director in charge considers that it basically meets the conditions for a well-known trademark, he will submit it to the Trademark Review and Adjudication Board for discussion with the approval of the director.
Article 19: If the director agrees to submit a case involving the recognition of a well-known trademark to the committee for discussion, the person in charge of the case shall promptly submit the relevant materials to the General Office. The General Affairs Office shall make copies of relevant materials and send them to those participating in the committee three days before the committee meeting.
Section 5 Approval
Article 20: Office of the Director of the Trademark Office to discuss well-known trademark recognition cases The meeting will be composed of the director, deputy directors, inspectors, and deputy inspectors, with the director of the undertaking department in attendance.
Article 21 The Trademark Review and Adjudication Committee shall discuss well-known trademark recognition cases and shall consist of the director, inspectors, deputy directors, deputy inspectors, and directors of various divisions. composition.
Article 22 The Office of the Director of the Trademark Office will study and review the opinions submitted by the Deputy Director-General of the Trademark Office, and put forward opinions on the proposed recognition of those that are considered to be in line with the conditions for well-known trademarks; those that are not considered to be well-known trademarks If there are conditions, return it to the handling office and handle it according to relevant procedures. Among them, for an application for well-known trademark recognition filed during the trademark opposition procedure, if the Office of the Director of the Trademark Office deems that the evidence is insufficient or that the opposition case does not need to be adjudicated in accordance with Article 13 of the Trademark Law, the Office will handle it as a general opposition case; If an application for well-known trademark recognition submitted during the trademark management procedures is deemed by the Office of the Director of the Trademark Office to not meet the conditions for well-known trademarks, the Office will issue a document to return the application in accordance with the official document processing procedures and return the application materials together.The Trademark Review and Adjudication Board committee will study and review the opinions submitted by the deputy director in charge, and put forward opinions on the proposed recognition if it believes that it meets the conditions of a well-known trademark; if it thinks that it does not meet the conditions of a well-known trademark If there are conditions, return it to the handling office and handle it according to relevant procedures. The number of participants in the Trademark Review and Adjudication Board Committee shall not be less than two-thirds of those who should attend.
After the Trademark Office Director’s Office Meeting or the Trademark Review and Adjudication Board Committee has formed an opinion, it shall be reported to the Well-known Trademark Recognition Committee for study in a timely manner.
Chapter 3 Review and Approval
Article 23 The Well-known Trademark Recognition Committee shall act in accordance with the " According to the provisions of the Trademark Law, the Implementation Regulations of the Trademark Law, the Provisions on the Identification and Protection of Well-known Trademarks, and the Trademark Review Rules, the well-known trademark review opinions submitted by the Trademark Office and the Trademark Review and Adjudication Board shall be studied and reviewed, and the review draft shall be submitted in a timely manner. Recognized well-known trademarks shall be reported to the office meeting of the Director of the General Administration for review and approval. If it is intended to be returned after review, it will be returned to the Trademark Office or the Trademark Review and Adjudication Board for processing in accordance with relevant procedures.
When the Well-known Trademark Recognition Committee convenes the above-mentioned review meeting, the number of participants shall not be less than two-thirds of the persons who should be present.
Article 24: Based on the review opinions of the General Administration, the Trademark Office and the Trademark Review and Adjudication Board shall make an approval or ruling in accordance with their respective official document processing procedures, and promptly report it to the public. Publicly recognized well-known trademarks.
Article 25: After the Trademark Office and the Trademark Review and Adjudication Board make a ruling on trademark opposition, a ruling on trademark opposition review, or a ruling on trademark disputes, they shall The materials are filed together with trademark opposition, trademark opposition review, and trademark dispute case materials.
The Trademark Office issued an approval regarding the recognition of well-known trademarks in the trademark management process.Finally, the relevant materials should be archived. Materials for well-known trademark recognition should be kept in one volume per case, and the retention period is three years.
Article 26: If an application for the recognition of a well-known trademark submitted during the trademark management procedure is deemed not to meet the conditions for a well-known trademark during the review and review procedures, it will be rejected. Return processing will be reviewed by the deputy director in charge of the General Administration. According to the review opinions of the leaders of the General Administration, the Trademark Office will issue a document to return the application in accordance with the official document processing procedures, and return the application materials together.
Chapter 4 Supervision and Legal Responsibilities
Article 27 Office Meeting of the Director of the Trademark Office, When the Trademark Review and Adjudication Board committee studies the recognition of well-known trademarks, the Central Commission for Discipline Inspection and the Ministry of Supervision will dispatch personnel to the Discipline Inspection Team of the State Administration for Industry and Commerce and the Supervision Bureau to supervise.
When the Well-known Trademark Recognition Committee held a review meeting, the Discipline Inspection Team of the Central Commission for Discipline Inspection and the Ministry of Supervision in the State Administration for Industry and Commerce and the Supervision Bureau sent personnel to supervise, and the China Trademark Association sent representatives Attend meetings.
Article 28 The Trademark Office and the Trademark Review and Adjudication Board shall list the recognition of well-known trademarks as integrity risk points, establish and improve a supervision and inspection system, and strengthen the management of risk points .
Article 29 During the well-known trademark recognition and review period, any unit or individual may report the situation and put forward opinions to the Trademark Office and the Trademark Review and Adjudication Board. Well-known trademark claimants, interested parties and their agents' visits regarding relevant well-known trademark recognition applications will be received by the General Office of the Trademark Office or the General Office of the Trademark Review and Adjudication Board. The General Office of the Trademark Office or the General Office of the Trademark Review and Adjudication Board shall promptly feedback the reflected situation in writing to the relevant responsible office.
Article 30 Personnel engaged in the recognition of well-known trademarks must strictly abide by work disciplines and shall not disclose confidential matters in the recognition of well-known trademarks and shall not disclose them in accordance with relevant requirements. Case.
Article 31 Well-known trademark recognition work and the personnel engaged in the recognition work must strictly abide by the relevant regulations on integrity and self-discipline, and must strictly abide by the "Trademark Law", "Industrial and Commercial Law" Administrative departments’ working rules for trademark registration, management and review” and other relevant provisions.
For violations of laws and disciplines, relevant parties must be held accountable in accordance with relevant regulations.
Chapter 5 Supplementary Provisions
Article 32 These Detailed ProvisionsThe State Administration for Industry and Commerce is responsible for the interpretation.
Article 33 These detailed rules shall come into effect on the date of promulgation.
