What are the provisions for the recognition and protection of well-known trademarks
"Regulations on the Recognition and Protection of Well-known Trademarks"
Article 1 is to regulate the recognition of well-known trademarks and protect These regulations are formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law") and the Implementation Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementation Regulations) for the legitimate rights and interests of well-known trademark holders.
The second well-known trademark is related to Trademarks well known to the public.
Relevant public includes those indicated by the trademark Consumers related to such goods or services, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in distribution channels, etc.
Article 3 The Trademark Office and the Trademark Review and Adjudication Board shall Responsible for the review of trademark registration, handling of trademark disputes, and the investigation and handling of trademark violation cases by the industrial and commercial administration departments based on the requests of parties and the needs of reviewing and handling cases.Recognize and protect well-known trademarks.
Article 4 The determination of well-known trademarks shall be based on case-by-case determination, The principle of passive protection.
Article 5 The parties shall, in accordance with Article 1 of the Trademark Law Article 33 stipulates that those who raise objections to the Trademark Office and apply for well-known trademark protection in accordance with Article 13 of the Trademark Law may submit a written request for well-known trademark protection to the Trademark Office and submit evidence that their trademark constitutes a well-known trademark.
Article 6: The party concerned shall not be allowed to review the registration of the trademark In cases involving cases and requests for invalidation, those who apply for well-known trademark protection in accordance with Article 13 of the Trademark Law may submit a written request for well-known trademark protection to the Trademark Review and Adjudication Board and submit evidence proving that their trademark constitutes a well-known trademark.
Article 7: Trademark violations involving well-known trademark protection Cases are under the jurisdiction of the industrial and commercial administrative departments at or above the municipal (prefecture, state) level. If the party concerned requests the industrial and commercial administrative department to investigate and deal with trademark violations, and requests the protection of a well-known trademark in accordance with Article 13 of the Trademark Law, he or she may file a complaint with the industrial and commercial administrative department at or above the municipal (prefecture, state) level where the illegal act occurred, And submit a written request for well-known trademark protection and submit evidence proving that its trademark constitutes a well-known trademark.
Article 8 When a party requests the protection of a well-known trademark, it shall comply with The principle of good faith and being responsible for the authenticity of the facts and evidence materials submitted.
Article 9 The following materials can be used as proof of compliance with "Evidence materials specified in Article 14, Paragraph 1 of the Trademark Law:
(1) Materials proving the relevant public’s awareness of the trademark.
(2) Proving the duration of use of the trademark Materials, such as the history and scope of use, registration and scope of the trademark. If the trademark is an unregistered trademark, materials proving that the trademark has been used for no less than five years should be provided. If the trademark is a registered trademark, materials proving that it has been registered for no less than three years or has been continuously used for no less than five years should be provided.
(3) Proof of any publicity work for the trademark Materials on the duration, extent and geographical scope, such as the methods, geographical scope, types of promotional media and amount of advertising in the past three years of advertising and promotional activities.
(4) Prove that the trademark has been in China or Materials protected as well-known trademarks in other countries and regions.
(5) Other evidence proving that the trademark is well-known Materials, such as the sales revenue, market share, net profit, tax amount, sales area and other materials of the main products using the trademark in the past three years.
The "three years" and " "Five years" refers to the three years and five years before the date of the trademark registration application that is subject to opposition, the date of the trademark registration application that is subject to a request for invalidation, and the three years before the date of filing a request for well-known trademark protection in a trademark violation case. , five years.
"Regulations on the Recognition and Protection of Well-known Trademarks"
Article 10: If a party files a request for protection of a well-known trademark in accordance with Articles 5 and 6 of these Provisions, the Trademark Office and the Trademark Review and Adjudication Board shall submit a request for protection of a well-known trademark in accordance with Articles 35 and 6 of the Trademark Law. The case shall be dealt with in a timely manner within the time limit specified in Articles 37 and 45.
Article 11 The parties shall comply with Article 7 of these Provisions Article 11 requires the industrial and commercial administrative department to investigate and deal with trademark violations, and the industrial and commercial administrative department shall verify the complaint materials and decide whether to file the case in accordance with the relevant provisions of the "Administrative Punishment Procedures for Industrial and Commercial Administrative Agencies". After deciding to file a case, the industrial and commercial administration department shall examine whether the well-known trademark protection request and relevant evidence materials submitted by the party comply with the provisions of Articles 13 and 14 of the Trademark Law, Article 3 of the Implementing Regulations, and Article 9 of these Regulations. Initial verification and review. If the case meets the requirements after preliminary verification, a request for well-known trademark recognition and copies of the case materials shall be submitted to the superior industrial and commercial administrative department within 30 days from the date of filing the case. If the case does not comply with the regulations upon review, it shall be dealt with in a timely manner in accordance with the provisions of the "Administrative Punishment Procedures of the Industrial and Commercial Administrative Organs".
Article 12 Provinces (autonomous regions, municipalities) The industrial and commercial administrative department shall check whether the materials related to the recognition of well-known trademarks submitted by the municipal (prefecture, state)-level industrial and commercial administrative departments within its jurisdiction comply with Articles 13 and 14 of the Trademark Law and Article 1 of the Implementing Regulations.Verification and review shall be carried out in accordance with Article 3 and Article 9 of these Regulations. If it is verified that it complies with the regulations, the application for well-known trademark recognition and copies of the case materials should be submitted to the Trademark Office within thirty days from the date of receipt of the relevant materials for well-known trademark recognition. If the case does not comply with the regulations upon review, the relevant materials shall be returned to the original filing authority, which shall promptly handle the matter in accordance with the provisions of the "Administrative Punishment Procedures of Industrial and Commercial Administration Agencies".
Article 13 Trademark Office, Trademark Review and Adjudication Board When identifying a well-known trademark, all factors listed in Paragraph 1 of Article 14 of the Trademark Law and Article 9 of these Provisions shall be comprehensively considered, but it is not necessary to satisfy all factors.
The Trademark Office and the Trademark Review and Adjudication Board are identifying well-known trademarks When the local industrial and commercial administrative department needs to verify the relevant situation, the relevant local industrial and commercial administrative department shall provide assistance.
Article 14 The Trademark Office has reviewed the provincial ( The relevant materials submitted by the industrial and commercial administration department of the autonomous region or municipality directly under the Central Government shall be reviewed. If it is determined that the trademark constitutes a well-known trademark, a reply shall be issued to the industrial and commercial administrative department of the province (autonomous region or municipality directly under the Central Government) that submitted the request for instructions.
The industrial and commercial administration department that files the case shall file the case with the Trademark Office The case shall be handled in accordance with the law within sixty days after the determination and approval is issued, and a copy of the administrative penalty decision shall be reported to the industrial and commercial administration department of the province (autonomous region, municipality directly under the Central Government) where the case is located. The provincial (autonomous region, municipality directly under the Central Government) industrial and commercial administrative department shall submit the case handling status and a copy of the administrative penalty decision to the Trademark Office within thirty days from the date of receipt of the copied administrative penalty decision.
Article 15 Industrial and commercial administrative departments at all levels In the process of trademark registration and management, we should strengthen the protection of well-known trademarks and safeguard the legal rights of rights holders and consumers.rights and interests. If a trademark violation is suspected of being a crime, the case shall be transferred to the judicial authority in a timely manner.
Article 16 Trademark registration review and trademark disputes In the process of handling and handling of trademark violation cases by the industrial and commercial administrative departments, when parties apply for well-known trademark protection in accordance with Article 13 of the Trademark Law, they can provide records that the trademark has been protected as a well-known trademark in my country.
The scope of the well-known trademark protection requested by the party concerned is different from that of the well-known trademark that has been The scope of protection as a well-known trademark is basically the same, and the other party has no objection to the trademark being well-known, or although there is an objection, the reason for the objection and the evidence provided are obviously insufficient to support the objection, the Trademark Office, the Trademark Review and Adjudication Board, the Trademark Violation Case The filing department can grant the trademark well-known trademark protection based on the protection record and relevant evidence.
Article 17 In trademark violation cases, If a party defrauds the protection of a well-known trademark through improper means such as fraud or providing false evidence materials, the Trademark Office shall revoke the recognition of the trademark involved and notify the industrial and commercial administration department of the province (autonomous region, municipality directly under the Central Government) that submitted the request for well-known trademark recognition.
Article 18 Violations by local industrial and commercial administrative departments Failure to perform the duty to verify and review materials related to the recognition of well-known trademarks as stipulated in Articles 11 and 12 of these Provisions, or failure to provide assistance or failure to perform verification duties in violation of Paragraph 2 of Article 13 of these Provisions, or violation of these Provisions Paragraph 2 of Article 14 stipulates that if a case of trademark violation is not handled within the time limit or the handling situation is not reported within the time limit, the industrial and commercial administration department at the next higher level shall notify the case and order it to make rectifications.
Article 19 Industrial and commercial administrative departments at all levels A well-known trademark should be established and improvedEstablish work supervision and inspection system.
Article 20 Participation in the recognition and protection of well-known trademarks Personnel involved in relevant work who neglect their duties, abuse their power, engage in malpractice for personal gain, illegally handle matters related to the recognition of well-known trademarks, accept property from parties, and seek illegitimate benefits will be dealt with in accordance with relevant regulations.
Article 21 These regulations will be implemented from the date of promulgation It will take effect 30 days from today. The "Regulations on the Recognition and Protection of Well-known Trademarks" promulgated by the State Administration for Industry and Commerce on April 17, 2003 were abolished at the same time.
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