Provisions On Identification And Protection Of Well-Known Trademarks

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The Xiaobian of the network introduces the provisions on identification and protection of well-known trademarks in well-known trademarks.

(promulgated by Decree No. sixty-sixth of the State Administration for Industry and Commerce in July 3, 2014)

Article 1 in order to regulate the recognition of well-known trademarks and protect the legitimate rights and interests of the holders of well-known trademarks, the provisions are formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) and the regulations on the implementation of the Trademark Law of the People's Republic of China (hereinafter referred to as the implementing regulations).

The second well-known trademarks are trademarks that are well known to the public in China.

The relevant public includes consumers who are related to certain commodities or services marked by trademarks, other producers who produce the commodities mentioned above or other providers who provide services, as well as sellers and related personnel involved in the distribution channels.

The third trademark office and Trademark Review and Adjudication Board are responsible for the identification and protection of well-known trademarks in the process of trademark registration examination, trademark dispute settlement and the administration of industry and commerce according to the requirements of the parties concerned and the examination and handling of cases.

The identification of fourth well-known trademarks follows the principle of case identification and passive protection.

The fifth party objected to the Trademark Office in accordance with the thirty-third provision of the trademark law, and requested the protection of well-known trademarks in accordance with the thirteenth provision of the trademark law. It may submit a written request to the Trademark Office for the protection of the well-known trademark and submit the evidence material for its trademark to constitute a well-known trademark.

Sixth parties in

In cases of non registration and retrial cases and claims for invalidation in accordance with the provisions of the thirteenth provision of the trademark law, a written request for the protection of well-known trademarks may be submitted to the Trademark Review and Adjudication Board, and the evidence material that constitutes a well-known trademark shall be submitted to the Trademark Review and Adjudication board.

Seventh trademark infringement cases involving the protection of well-known trademarks shall be under the jurisdiction of the administrative departments for Industry and commerce above the municipal level.

If a party requests the administrative department for Industry and commerce to investigate and punish the illegal act of trademark, and in accordance with the thirteenth provision of the trademark law, requests for protection of well-known trademarks, it may make a complaint to the administrative department for Industry and commerce above the level of the place where the violation occurs, and put forward a written request for the protection of well-known trademarks, and submit evidence materials that prove that the trademark constitutes a well-known trademark.

The Eighth Party's request for the protection of well-known trademarks shall follow the principle of good faith, and shall be responsible for the facts and the authenticity of the evidence submitted.

The following ninth materials can be used as evidence materials to prove that they comply with the first paragraph of article fourteenth of the trademark law.

(1) materials to prove the public's awareness of the trade mark.

(two) materials that demonstrate the duration of the trademark's use, such as the history and scope of its use and registration.

If the trade mark is an unregistered trademark, it shall provide materials that prove that its duration of use is not less than five years.

If the trade mark is a registered trademark, it shall provide materials that prove that the registration period is not less than three years or the duration of continuous use is not less than five years.

(three) materials that demonstrate the duration, extent and geographical scope of any publicity work of the trade mark, such as the way of advertising and promotion activities in the past three years, the geographical scope, the type of publicity media and the amount of advertising.

(four) prove that the trademark has been protected as a well-known trademark in China or other countries and regions.

(five) other evidential materials that prove that the trade mark is well known, such as the sales revenue, market share, net profit, tax payment and sales area of the main commodities used in the past three years.

The term "three years" or "five years" mentioned in the preceding paragraph refers to the date of application for trademark registration, three years or five years prior to the date of application for trademark registration, and the three and five years before the date of filing a well-known trademark protection request in investigating and dealing with trademark violation cases.

The tenth party shall, in accordance with the provisions of the fifth and sixth provisions of the present regulations, put forward the request for the protection of well-known trademarks, and the Trademark Office and the Trademark Review and Adjudication Board shall make timely treatment within the time limit stipulated in the thirty-fifth, thirty-seventh and forty-fifth articles of the Trademark Law.

Article eleventh in accordance with the seventh provision of these Provisions, the parties request the administrative departments for Industry and commerce to investigate and punish trademark violations. The administrative department for Industry and Commerce shall verify the complaint materials, and decide whether to file the case in accordance with the relevant provisions of the procedures for administrative punishment of the administrative authorities for Industry and commerce.

In deciding to file a case, the administrative department for Industry and Commerce shall carry out preliminary verification and examination of the requirements for the protection of well-known trademarks submitted by the parties concerned and whether the relevant evidence materials comply with the thirteenth articles, fourteenth articles, third implementing regulations and ninth provisions of the present Provisions.

After the preliminary verification is in conformity with the regulations, the thirty days from the date of the establishment of the case shall be submitted to the superior administrative department for Industry and commerce.

Those who fail to meet the requirements in the trial shall be dealt with in a timely manner in accordance with the provisions of the procedures for administrative punishment of the administrative organs for Industry and commerce.

The twelfth provinces (autonomous regions and municipalities directly under the central government) shall carry out verification and examination of the relevant documents of the well-known trademarks submitted by the administrative departments for Industry and commerce at the prefecture level (prefecture level) level in accordance with the provisions of the trademark law thirteenth, fourteenth, third of the implementation regulations and ninth provisions of this regulation.

If the verification is in conformity with the regulations, it shall, within thirty days from the date of receipt of the relevant materials for the identification of well-known trademarks, submit the well-known trademark identification request and copies of the case materials to the trademark office.

If the case is not found to be in conformity with the regulations, the relevant materials should be returned to the original registration organ, which shall be dealt with in a timely manner in accordance with the provisions of the procedures for administrative punishment of the administrative organs for Industry and commerce.

The thirteenth trademark office and the Trademark Review and Adjudication Board shall, when identifying well-known trademarks, take into consideration the factors listed in the first paragraph of article fourteenth of the trademark law and the ninth provision of these Provisions, but not to satisfy all the factors.

When the Trademark Office and the Trademark Review and Adjudication Board determine the well-known trademarks, the local industry and commerce administration departments need to verify the relevant conditions, and the relevant local industrial and commercial administrative departments shall assist them.

The fourteenth Trademark Office shall examine the relevant documents of the well-known trademarks submitted by the administrative departments for Industry and Commerce of the provinces (autonomous regions and municipalities directly under the central government), and conclude that the well-known trademarks shall be made to the administrative departments for Industry and Commerce of the provinces (autonomous regions and municipalities directly under the central government) that have submitted the requesting instructions.

The administrative department for Industry and commerce that files the case shall be dealt with according to law within sixty days after the confirmation is made by the commercial bidding office, and the administrative department for Industry and Commerce in the province (autonomous region or municipality directly under the central government) shall be reported to the government in charge of the administrative penalty decision.

The administrative department for Industry and Commerce of the province (autonomous region or municipality directly under the central government) shall, within thirty days from the date of receipt of the written decision on the administrative penalty, submit a copy of the case and a copy of the written decision of the administrative penalty to the trademark office.

Fifteenth industrial and commercial administrative departments at all levels shall strengthen the protection of well-known trademarks in the registration and management of trademarks, and safeguard the legitimate rights and interests of the rights holders and consumers.

If a trademark violation is suspected of committing a crime, it shall promptly pfer the case to the judicial organ.

In the sixteenth trademark registration examination, trademark dispute handling and the administration of industry and Commerce in investigating and dealing with trademark violation cases, the parties may, when they request the protection of well-known trademarks in accordance with the thirteenth provision of the trademark law, may record that the trademark has been protected as a well-known trademark in China.

The scope of the protection of a well-known trademark by a party is basically the same as that which has been protected as a well-known trademark. If the other party has no objection to the well-known trademark, or if there is any objection, but the objection reason and the evidence provided are obviously insufficient to support the objection, the trademark office, the Trademark Review and Adjudication Board, and the trademark registration department may, according to the protection record and relevant evidence, give the well-known trademark protection of the trademark.

The seventeenth article, in the case of illegal trade marks, the litigant defrauded the protection of well-known trademarks by fraudulent means or false evidence materials, the Trademark Bureau revoked the identification of the registered trademark, and informed the administrative department for Industry and Commerce of the province (autonomous region and municipality directly under the central government) for the identification of the well-known trademarks.

The eighteenth local industrial and commercial administration departments violate the provisions of the eleventh and twelfth provisions of the present Provisions, fail to perform the duties of verification and examination of the relevant materials for the identification of well-known trademarks, or fail to assist or fail to perform their duties in violation of the provisions of the thirteenth second paragraphs of the present Provisions. In violation of the provisions of the fourteenth paragraph second of the present Provisions, if the overdue period fails to deal with the trademark violation cases or fail to submit the processing situation, the administrative departments for Industry and commerce at the next higher level shall notify them and order them to rectify them.

Nineteenth industrial and commercial administrative departments at all levels shall establish and improve the supervision and inspection system for the recognition of well-known trademarks.

Twentieth persons involved in the identification and protection of well-known trademarks, who neglect their duties, abuse their power, engage in malpractices for selfish ends, deal with matters related to the identification of well-known trademarks illegally, accept the property of the parties, and seek illegitimate interests, shall be dealt with in accordance with the relevant provisions.

The twenty-first Edition

30 days after the date of promulgation.

The regulations on identification and protection of well known trademarks promulgated by the State Administration for Industry and Commerce in April 17, 2003 shall be abolished simultaneously.