Tianjin Famous Trademark Recognition and Protection Measures

Article 1 In order to standardize the identification and protection of Tianjin's famous trademarks and protect the legitimate rights and interests of trademark owners, users and consumers, in accordance with the "Trademark Law of the People's Republic of China" and relevant laws and regulations, and in light of the actual situation of this city, formulate this method.

Article 2 These Measures shall apply to the identification and protection of Tianjin's famous trademarks.

The Tianjin famous trademark referred to 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.

Article 3 The identification and protection of Tianjin's famous trademarks shall follow the principles of voluntariness, openness, fairness and impartiality.

Article 4 The administrative department for industry and commerce is responsible for the identification and protection of Tianjin's famous trademarks.

The relevant departments of development and reform, state-owned assets management, quality and technical supervision, and commerce shall, within the scope of their duties, support the creation and development of Tianjin's famous trademarks.

Article 5 To apply for the recognition of a Tianjin famous trademark, the following conditions shall be met:

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

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

(3) It has sound trademark use, management and protection measures;

(4) The main economic indicators such as the output, sales, profit and market share of the commodities using this trademark in the past three years are in the forefront of the same industry in this city;

(5) The quality of the goods using the trademark is stable and the consumer satisfaction rate is high;

(6) Other conditions required by laws, regulations or rules to prove that the trademark is famous.

Article 6 If the owner of a registered trademark is domiciled in this city, it shall file an application for recognition with the local administration for industry and commerce. If the domicile is not in this city, an application for accreditation shall be submitted to the municipal administration for industry and commerce.

Article 7 When submitting an application for accreditation, the following written materials shall be submitted:

(1) An application for accreditation;

(2) The applicant's main qualification certificate and its photocopy;

(3) Trademark registration certificate and its photocopy;

(4) Materials on the use, management and protection of trademark exclusive rights;

(5) Materials on the use and publicity of the trademark in the past three years;

(6) Evidence that the main economic indicators such as the output, sales, profit and tax, market share and other major economic indicators in the past three years of using the trademarked products are ranked in the same industry in this city;

(7) Quality certification materials for the goods using the trademark;

(8) The sales area distribution of the goods using the trademark;

(9) Investigation materials on the consumer satisfaction rate of the products using the trademark;

(10) Other materials required by laws, regulations or rules.

The certification materials in item (6) of the preceding paragraph, including the annual audit report of the main economic indicators such as output, sales, profits and taxes, etc. issued by the accounting firm, and the certification materials of the market share and the ranking of the same industry issued by the relevant industry associations in the city . If there is no certificate issued by the relevant industry association, the statistical investigation materials shall be issued and the method and scope of the investigation and statistics shall be explained.

Article 8 After receiving the application for accreditation and the relevant written materials, the administrative department for industry and commerce shall conduct a review, and deal with it according to the following circumstances:

(1) If the application materials are complete and conform to the statutory form, the acceptance decision shall be made within 5 working days from the date of receipt of the application materials;

(2) If the application materials are incomplete or do not conform to the statutory form, the applicant shall be notified on the spot or within 5 working days of all the contents that need to be supplemented and corrected; if the application materials are not notified within the time limit, the application shall be deemed accepted from the date of receipt of the application materials. ;

(3) If it does not fall within the scope of acceptance, a decision of non-acceptance shall be made within 5 working days from the date of receipt of the application materials.

If the application materials need to be supplemented and corrected, the time for the applicant to resubmit all supplemented and corrected materials is the application time. If the applicant refuses to make corrections or fails to submit all the materials for corrections and corrections, the administrative department for industry and commerce shall make a decision not to accept the application.

If the applicant is not satisfied with the decision not to accept the application, he may apply for administrative reconsideration according to law or file a lawsuit in the people's court.

Article 9 After accepting the application materials, the branch for industry and commerce shall submit all the application materials to the municipal administration for industry and commerce within 3 working days from the date of acceptance.

Article 10 With regard to the accepted application for accreditation, the municipal administration for industry and commerce shall publish an announcement of the preliminary examination on the newspapers and periodicals publicly issued by this Municipality or on the website of the municipal administration for industry and commerce, and the publicity period is 30 days.

If the public raises objections during the public announcement period, the municipal administration for industry and commerce shall investigate the content of the objection, and promptly reply to all parties concerned with the investigation results.

Article 11 The municipal administration for industry and commerce shall review the accepted application materials in a timely manner, and may invite relevant experts to participate if necessary. If it is necessary to verify the authenticity of the application materials, the relevant institutions may be entrusted to do so.

Where the municipal administrative department for industry and commerce or its entrusted agency solicits opinions from relevant industry associations, consumer rights protection organizations and other units on the application for the recognition of Tianjin's famous trademark, or conducts investigation and verification, the relevant unit shall cooperate.

Article 12 The administrative department for industry and commerce shall properly keep the applicant's application materials. If it is a business secret, it shall be kept confidential.

Article 13 The staff members, experts, entrusted institutions and their staff members of the administrative department for industry and commerce participating in the identification of Tianjin famous trademarks shall withdraw if they have an interest in the applicant.

Article 14 If the municipal administrative department for industry and commerce finds that the applicant meets the conditions stipulated in these Measures after examination, it shall recognize the applicant and issue the Tianjin Famous Trademark Certificate to the trademark owner.

If the conditions stipulated in these Measures are not met after examination, the municipal administration for industry and commerce shall notify the applicant in writing and explain the reasons.

If the applicant is not satisfied with the decision of disapproval, he may apply for administrative reconsideration according to law or file a lawsuit in the people's court.

Article 15 The examination and identification of Tianjin famous trademarks shall be completed within 3 months from the date of expiration of the publicity period for the preliminary examination.

If it has been identified as a famous trademark in Tianjin, the municipal administration for industry and commerce shall make an announcement to the public in a timely manner.

Article 16 Tianjin Famous Trademarks shall be valid for 3 years from the date of recognition. If it is necessary to renew the accreditation upon the expiration of the validity period, an application for accreditation renewal shall be submitted to the municipal administration for industry and commerce 3 months before the expiry date. If no application is made during this period, a grace period of 3 months may be granted. If an application is not filed after the grace period expires, the accreditation will be cancelled from the date of the grace period.

If an application for continuation of accreditation is reviewed and meets the conditions specified in these Measures, it shall be renewed and an announcement shall be made.

Each renewal is valid for 3 years.

Article 17 If it has been identified as a Tianjin famous trademark, the owner of the registered trademark may use "Tianjin Famous Trademark" in the identified commodities and their packaging, decoration, manuals, advertising, exhibition and display. typeface or logo.

No organization or individual may use the words or logos of "Tianjin Famous Trademark" in their products and their packaging, decoration, manuals, advertising, exhibition and display without being identified or without the permission of the owner of the famous trademark in Tianjin. .

Article 18 If it has been identified as a famous trademark in Tianjin, the commodity that has been identified to be used is a well-known commodity.

Without the permission of the trademark owner, any organization or individual may not use its unique name, packaging, decoration, or use its similar name, packaging or decoration.

Article 19 If a trademark is recognized as a famous trademark in Tianjin, from the date of the recognition announcement, if any unit or individual applies for the registration of the same or similar characters as the trademark as the name and name of an enterprise in the same industry, the administration for industry and commerce shall not approve it. Approved for registration.

If it has been identified as a famous trademark in Tianjin, the owner of the trademark has the right to request the administrative department for industry and commerce to revoke the name of the enterprise if he believes that the registration of the trademark as an enterprise name by others may cause misunderstanding by the public.

The administrative department for industry and commerce shall handle relevant disputes in accordance with the principle of protecting the interests of prior legal rights holders.

Article 20 When the owner of a famous trademark in Tianjin participates in the annual inspection of the enterprise, the filing system shall be implemented.

Article 21 If a trademark is recognized as a well-known trademark in Tianjin, when the owner of the trademark requests to be protected as a well-known trademark, the administrative department for industry and commerce shall provide relevant business guidance and services.

Article 22 The municipal administration for industry and commerce shall promptly notify other provincial administrations for industry and commerce of the recognition of Tianjin's famous trademarks, and strengthen the protection of Tianjin's famous trademarks and the commodities used.

Where the exclusive right to use a trademark of a famous trademark in Tianjin is infringed in other provinces and cities, the municipal administration for industry and commerce shall assist the trademark owner and user in safeguarding their legitimate rights and interests within the scope of their functions and powers.

Article 23 If it is recognized as a famous trademark in Tianjin, when the owner of the trademark changes the registered items, transfers the trademark ownership or licenses others to use it, it shall report to the municipal industry and commerce within 30 days from the date when the change is approved or the license contract takes effect. Administrative department for the record. If it is necessary to renew the Tianjin famous trademark certificate, the municipal administration for industry and commerce shall take back the original certificate.

Article 24 If a trademark is recognized as a Tianjin famous trademark, the owner and user of the trademark shall be responsible for the quality of the goods using the Tianjin famous trademark, maintain the reputation of the Tianjin famous trademark, and shall not produce or sell shoddy products. Commodities, shall not deceive consumers with shoddy products.

The municipal administrative department for industry and commerce shall establish and improve the complaint handling mechanism for Tianjin famous trademarks. Any unit or individual who believes that the recognized Tianjin famous trademark does not conform to the provisions of these Measures or violates the provisions of laws, regulations and rules shall have the right to report to the municipality. Complaints from the administration for industry and commerce.

Article 25 If a registered trademark identified as a Tianjin Famous Trademark is revoked or cancelled in accordance with the law, its Tianjin Famous Trademark Certificate will automatically become invalid.

Article 26 If the Tianjin famous trademark recognition is obtained by deceptive means such as providing false documents, the municipal administration for industry and commerce shall revoke the Tianjin famous trademark recognition and make an announcement.

Article 27 If anyone violates the provisions of paragraph 1 of Article 17 of these Measures and uses the words or signs of Tianjin's famous trademark beyond the scope of use identified as a famous trademark, the administrative department for industry and commerce shall order it to make corrections within a time limit; In serious cases, a fine of not less than 2,000 yuan but not more than 10,000 yuan shall be imposed; if the circumstances are serious and cause bad social impact, the municipal administration for industry and commerce shall revoke the identification of Tianjin's famous trademark.

Article 28 Anyone who violates the provisions of Paragraph 2 of Article 17 of these Measures and uses the words or signs of Tianjin's famous trademark without authorization shall be ordered to make corrections by the administrative department for industry and commerce, and a fine of not less than 5,000 yuan but not more than 30,000 yuan shall be imposed.

Article 29 If a violation of Article 18 of these Measures constitutes unfair competition, the industry and commerce administrative department shall order it to stop the illegal act, confiscate the illegal income, and may impose a fine of not less than one time but not more than three times the illegal income according to the circumstances; If the circumstances are serious, the business license may be revoked; if the sale of fake and shoddy commodities constitutes a crime, criminal responsibility shall be investigated according to law.

Article 30 If anyone violates the provisions of Article 23 of these Measures and fails to file with the administrative department for industry and commerce, the administrative department for industry and commerce shall order it to make corrections within a time limit.

Article 31 For those who violate the provisions of Article 24 of these Measures by producing or selling shoddy commodities or deceiving consumers with shoddy products, the administrative department for industry and commerce shall order them to make corrections; if the circumstances are serious and cause bad social impact, the Municipal Industry and Commerce The administrative department shall revoke the recognition of its Tianjin famous trademark and make an announcement. If the laws, regulations and rules have other provisions on punishment for the illegal act, the relevant management department shall deal with it in a timely manner.

Article 32 If the staff of the industrial and commercial administration department neglects their duties, abuses their powers, or engages in favoritism and fraud in the identification and protection of famous trademarks, they shall be given administrative sanctions according to law; if a crime is constituted, they shall be investigated for criminal responsibility according to law.

Article 33 The provisions on commodity trademarks in these Measures shall apply to service marks, collective marks and certification marks.

Article 34 These Measures shall come into force on February 1, 2007.