Measures for the Recognition and Protection of Famous Trademarks in Wuhan

Article 1 is to regulate the identification and protection of Wuhan's famous trademarks (including commodity trademarks, service trademarks, collective trademarks, and certification trademarks, the same below), and to protect the legitimate rights and interests of trademark owners, users and consumers. The Trademark Law of the People's Republic of China and other relevant laws and regulations, and in light of the actual situation of this city, formulate these measures.

Article 2 The Wuhan famous trademark (hereinafter referred to as the city's famous trademark) as mentioned in these Measures refers to the registered trademark that enjoys a relatively high reputation in the market of this city, is well known to the relevant public, and is recognized in accordance with these Measures.

These Measures shall apply to the identification and protection of famous trademarks in the city.

Article 3 The identification and protection of famous trademarks in the city shall follow the principles of voluntariness, openness, fairness and impartiality.

Article 4 The municipal administrative department for industry and commerce shall be responsible for the identification and protection of the municipal famous trademarks.

The municipal development and reform, finance, taxation, state-owned assets management, quality and technical supervision, industry, commerce, agriculture and other relevant departments shall, in accordance with their respective responsibilities, do a good job in the identification and protection of the city's famous trademarks.

Article 5 The identification of a city's famous trademark shall meet the following conditions:

(1) The trademark has been used continuously for 3 years from the date of approval of registration;

(2) The goods (including services, the same below) indicated in the trademark are produced and operated in this city;

(3) The trademark owner pays taxes in this Municipality;

(4) The trademark has high credibility and recognition among the relevant public;

(5) The main economic indicators such as the output, sales, profit and market share of the commodities indicated by the trademark in the past three years generally rank in the forefront of the same industry in this city;

(6) The quality of the goods indicated by the trademark is stable;

(7) The trademark owner has measures for the use, management, protection and publicity of the trademark held.

Article 6 A trademark owner applying for the recognition of a city's famous trademark shall submit the following materials to the local administration for industry and commerce:

(1) The completed application form for accreditation printed by the municipal administration for industry and commerce;

(2) A legal and valid identity certificate;

(3) Certification documents of trademark registration;

(4) Materials on the use, publicity, management and protection of the exclusive right to use the trademark for the goods shown in the trademark in the past three years;

(5) Proof of major economic indicators such as the output, sales, and profits of the commodities indicated by the trademark in the past three years;

(6) Proof of the ranking of the market share of the commodities indicated by the trademark in the same industry in this city;

(7) Certification of the relevant quality of the goods shown in the trademark;

(8) Proof that the trademark owner has continuously paid taxes in this city for the past three years;

(9) Other materials proving that the conditions specified in Article 5 of these Measures are met.

The certificate listed in item (5) of the preceding paragraph must be issued by an accounting firm; the certificate listed in item (6) must be issued by the relevant industry association in the city. If there is no relevant industry association, the applicant must issue statistical investigation materials and explain The method and scope of survey statistics, etc.

The certificate listed in item (7) of the first paragraph of this article refers to the certificate provided by the quality and technical supervision department at or above the municipal level (including the municipal level) for all qualified quality random inspections in the past three years.

The application identification materials submitted by the applicant shall be true and shall not be falsified.

Article 7 After receiving the application certification materials, the branch of industry and commerce administration shall deal with it in accordance with the following provisions:

(1) If the materials are complete, a written acceptance decision shall be made within 5 working days from the date of receipt of the materials;

(2) If the materials are incomplete, the applicant shall be notified in writing within 5 working days to make corrections within 10 days; If the applicant is notified to make supplements and corrections, the time for the applicant to submit all supplementary materials is the application time. If the applicant fails to make corrections within the time limit, a written decision of inadmissibility shall be made;

(3) If it does not fall within the scope of acceptance, make a written decision not to accept the application within 3 working days from the date of receipt of the application materials;

(4) Submit all materials to the municipal administration for industry and commerce within 5 working days from the date of acceptance.

Article 8 The municipal administration for industry and commerce shall, within 10 working days from the date of receipt of the application materials submitted by the branch of the administration for industry and commerce, publish an announcement on the preliminary examination of the city's famous trademarks on the main news media in this city, and solicit consumers and other Relevant public comments.

The administrative department for industry and commerce shall properly keep the applicant's application identification materials; if it is a business secret, it shall be kept confidential.

Article 9 The municipal administration for industry and commerce shall examine and verify the authenticity of the application materials, and put forward written examination opinions. During the review period, the opinions of relevant industry authorities, industry associations, consumer rights protection organizations, etc. shall be solicited; if necessary, relevant agencies may be entrusted to conduct investigations.

Article 10 Within 30 days from the date of the announcement of the preliminary examination of the city's famous trademarks, the applicant and other units and individuals may raise objections to the preliminary examination opinions of the municipal administration for industry and commerce. The municipal administrative department for industry and commerce shall allow the objector to state the facts and reasons during the review. If it is found to be unqualified through investigation and verification, it may directly make a decision not to recognize it and notify the applicant in writing; , in accordance with the provisions of Articles 11, 12, 13 and 14 of these Measures.

Article 11 The municipal administrative department for industry and commerce shall establish an expert review mechanism for famous trademarks in the city, and organize professionals from the municipal administrative department for industry and commerce, quality and technical supervision, industry, commerce, agriculture, statistics, taxation and other related industries, as well as professionals from economic, A review expert database composed of legal and scientific and technological workers.

Every time a city is recognized as a famous trademark, the city administration for industry and commerce will determine the odd number of more than 9 (including 9) from the review expert database according to the category and characteristics of the goods shown in the trademark to form a review committee. The director of the committee is the city administration for industry and commerce. Responsible for the management department.

Article 12 The review committee shall, in accordance with the conditions stipulated in these Measures, conduct an objective and fair review of the application materials for famous trademarks, the review opinions of the municipal administration for industry and commerce, and other opinions.

The famous trademark reviewed by the review committee shall be voted on by all members by secret ballot, and shall be approved by more than 2/3 of the members.

The members of the review committee shall not entrust others to review and vote on their behalf.

Article 13 Members of the evaluation committee and other personnel participating in the evaluation and identification work who have an interest in the applicant and may affect the impartial evaluation and identification should be withdrawn.

If the applicant or interested party believes that the members of the evaluation committee and other personnel participating in the evaluation and identification work should be recused, they may submit a written or oral submission to the municipal administration for industry and commerce.

Article 14 The municipal administrative department for industry and commerce shall organize a review within 3 months from the date of the expiration of the preliminary review announcement, and make a decision of accreditation or disapproval based on the review opinions of the review committee. If it is recognized, it shall announce to the public and issue the city famous trademark certificate and plaque to the applicant; if it is not recognized, it shall explain the reasons in writing to the applicant.

If the trademark is recognized as a municipal well-known trademark, the municipal people's government shall reward the trademark owner, and the specific incentive measures shall be formulated separately by the municipal administration for industry and commerce in conjunction with other relevant departments, and shall be announced and implemented after being reported to the municipal people's government for approval.

Article 15 The validity period of a city's famous trademark is 3 years.

If the city's famous trademark needs to continue to be recognized after the expiration of the validity period, an application should be filed 3 months before the expiration of the period. If it is not filed, a 3-month grace period may be granted.

If the application for continuation of the accreditation has not been filed after the grace period expires, the accreditation of the city's famous trademark will automatically become invalid, and the municipal administrative department for industry and commerce will announce it.

Article 16 No unit or individual may carry out the following acts related to the city's famous trademark:

(1) Using the words and signs of "city famous trademark" on other commodities other than those indicated by the city's famous trademark, as well as on its packaging, decoration, instruction manual or advertisement;

(2) Making use of the reputation of the city's famous trademarks to produce fake and shoddy goods, and harming the interests of consumers;

(3) Forging, fraudulently using, altering, duplicating, lending, renting, or selling the city's famous trademark certificates and plaques;

(4) Using the words or signs of "city famous trademark" in its commodities, packaging, decoration, manuals, advertising, exhibition and display without the approval of the municipal administrative department for industry and commerce;

(5) Other acts prohibited by laws and regulations.

Article 17 If it is recognized as a famous trademark in the city, from the date of publication of the recognition announcement, if any unit or individual applies for the registration of the same word as the trademark as the name and name of an enterprise in the same industry, the administrative department for industry and commerce shall not approve the registration. .

Article 18 For commodities that are different or dissimilar to those shown in the famous trademark in the city, the words, graphics, letters, numbers, three-dimensional signs, colors and combinations of the above elements that are the same or similar to the famous trademark in the city shall be regarded as If the product name, packaging or decoration is used or used as an unregistered trademark and may cause misunderstanding by the relevant public, the owner or user of the famous trademark in the city may request the industrial and commercial administration department to stop it.

Article 19 Under any of the following circumstances, the municipal administration for industry and commerce shall revoke the title of the city's famous trademark and make an announcement:

(1) The registered trademark is revoked or cancelled according to law;

(2) Losing the conditions for the identification of a famous trademark in the city within the validity period;

(3) The applicant cheated and obtained the famous trademark of the city by falsifying the certification materials;

(4) The owner of the city's famous trademark forges, fraudulently use, alters, reproduces, lends, leases, or sells the city's famous trademark certificate or plaque;

(5) The commodities indicated by the famous trademarks of the city have a quality accident within the validity period and the social impact is bad.

Article 20 In violation of the provisions of Article 16 (3) and Article 16 (1) and (4) of these Measures, forging, altering, duplicating, lending, renting, and selling city famous trademark certificates and plaques , logo, or unauthorized use of the city's famous trademark words, plaques or signs, the administrative department for industry and commerce shall confiscate the illegal gains and impose a fine of not less than 3,000 yuan but not more than 30,000 yuan.

Article 21 If a staff member of an administrative organ neglects his duties, abuses his power, engages in malpractice for personal gain or fails to perform his duties in the identification and protection of famous trademarks in the city, his unit, the competent department at a higher level or the supervisory organ shall investigate the administrative responsibility according to law; If property losses are caused, they shall be liable for compensation in accordance with the law; if a crime is constituted, they shall be submitted to judicial organs to be investigated for criminal responsibility according to law.

Article 22 If the party concerned refuses to accept the specific administrative act of the administrative department for industry and commerce, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

Article 23 These Measures shall come into force on January 5, 2008.