Measures for the Recognition and Protection of Famous Trademarks in Nanjing

Chapter 1 General Provisions

Article 1 In order to regulate the identification of Nanjing's famous trademarks (hereinafter referred to as the city's famous trademarks), protect the legitimate rights and interests of the owners of the city's famous trademarks, improve the visibility and market competitiveness of the city's products, and promote the city's economic development, These Measures are formulated in accordance with the "Trademark Law of the People's Republic of China", "Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China" and other relevant laws and regulations, and in light of the actual conditions of this city.

Article 2 The "famous trademark in the city" as mentioned in these Measures refers to the registered trademark owned by the owner of the trademark in this city, which has a relatively high market coverage and share, enjoys a relatively high reputation, is well known to the relevant public, and is recognized in accordance with these Measures.

Article 3 These Measures shall apply to the identification and protection of well-known trademarks in the city.

The provisions of these Measures concerning commodity trademarks shall apply to service trademarks.

Article 4 The Nanjing Municipal Administration for Industry and Commerce (hereinafter referred to as the AIC) is responsible for the identification and protection of the city's famous trademarks. Other relevant departments and industry associations shall, within their respective responsibilities, cooperate with the industry and commerce department to do a good job in the identification and protection of the city's famous trademarks.

No other organization or individual may identify and evaluate the city's famous trademarks.

Article 5 The identification of municipal famous trademarks shall follow the principles of openness, fairness and impartiality.

Article 6 The municipal, district and county people's governments shall encourage enterprises, institutions, social groups and individual industrial and commercial households to improve the quality and reputation of commodities, and strive to create well-known trademarks in the city. Units and individuals who have made outstanding achievements in the identification and protection work shall be commended and rewarded.

Chapter II Recognition

Article 7 An application for the recognition of a city's famous trademark shall meet the following conditions:

(1) The trademark owner is an enterprise, institution, social group, individual industrial and commercial household and other economic organization established in accordance with the law in this city;

(2) The trademark has been actually used for three years from the date of approval of registration;

(3) The market coverage and market share of products using the trademark are at the forefront in the industry;

(4) The sales, profits and taxes or foreign exchange earned from exports in the past three years of the products using the trademark are in a leading position in the same industry;

(5) The trademark has a relatively high degree of recognition among the relevant public;

(6) The quality of the commodities using the trademark is stable and reliable, and has passed the quality supervision and random inspection at or above the municipal level for three consecutive years, and has a high market reputation;

(7) The trademark owner has strict trademark printing, use, publicity, management, and protection systems and measures, and does not infringe on the exclusive right to use the registered trademark of others.

Article 8 The municipal famous trademark adopts the method of voluntary application and centralized identification. If the trademark registrant believes that its trademark conforms to the provisions of Article 7 of these Measures, it may file an application with the local industry and commerce department at or above the county level.

Article 9 To apply for the recognition of a city's famous trademark, the following documents shall be submitted:

(1) "Nanjing Famous Trademark Recognition Application Form";

(2) Photocopies of the "Business License for Enterprise Legal Person", "Business License" and the registration certificate for an enterprise legal person or an association legal person signed and sealed by the relevant departments;

(3) A copy of the "Trademark Registration Certificate" signed and sealed by the industrial and commercial department at or above the county level;

(4) The market coverage and market share of goods using the trademark;

(5) The "Quality Certificate of Product Quality Assessment" at or above the municipal level for the products with the trademark for the past three years;

(6) The sales, profits and taxes, and foreign exchange earned by exports of the products using the trademark in the past three years;

(7) Information on advertisements for products using the trademark;

(8) The trademark management system and measures of the trademark registrant;

(9) Other documents that the municipal industry and commerce department deems to be submitted.

The above materials must be true and reliable, and the source must be indicated.

Article 10 The county-level industry and commerce department shall conduct a preliminary examination of the relevant materials within 30 days from the date of receipt of the application and certification materials submitted by the applicant. Those who meet the conditions will be recommended to the municipal industry and commerce department after signing the opinions; those who do not meet the conditions will return the application materials and explain the reasons.

Article 11 If the applicant has any objection to the preliminary examination opinion of the county-level industry and commerce department, it may request a review to the municipal industry and commerce department. The municipal industry and commerce department shall make a review decision within 30 days from the date of receipt of the review application. If the objection is established, the municipal industry and commerce department will directly accept it; if the objection is not established, it will not be accepted and the application materials will be returned.

Article 12 After receiving the application recommended by the county-level industry and commerce department or directly accepting the application, the municipal industry and commerce department shall investigate and review the application materials within 60 days, and put forward review opinions. If it is deemed to meet the requirements for application accreditation, it will be reviewed directly; if it is deemed that it does not meet the requirements for application accreditation, the application materials will be returned and the reasons will be explained in writing.

Article 13 The municipal department of industry and commerce shall demonstrate the application materials, and determine whether the registered trademark of the applicant has the qualification of a famous trademark in the city according to the determination conditions stipulated in Article 7 of these measures.

Article 14 Under any of the following circumstances, it shall not be recognized:

(1) The applicant commits fraud;

(2) The applicant's registered trademark has been revoked by others to the State Trademark Review and Adjudication Board for "improper registration", which is under trial;

(3) Violating the determination procedure.

Article 15 Once the city's famous trademark is identified, the city's industrial and commercial department will issue the "Nanjing City Famous Trademark Certificate" and announce it.

Article 16 The validity period of a famous trademark in the city is three years, calculated from the date of announcement. Three months before the expiration of the validity period or within three months after the expiration of the validity period due to special reasons, the owner of the municipal famous trademark may apply to the municipal industry and commerce department for renewal. If the conditions specified in Article 7 of these Measures are met, the renewal shall be confirmed, and each renewal shall be valid for three years.

Chapter III Protection and Management

Article 17 Once the city's famous trademark has been identified, the owner of the trademark may use the "Nanjing" name in the packaging, decoration, instruction booklet, certificate of conformity, commodity transaction documents, advertising, exhibition and other business activities of the approved and used commodities. City Famous Trademark" words and logos.

No other unit or individual may use the words and logos of "Famous Trademark of Nanjing" in the commodities and their packaging, decoration, instructions, certificates of conformity, commodity transaction documents, advertisements, exhibitions and other business activities.

Article 18 From the date of public announcement of a city's famous trademark, if others use the same or similar characters as the city's famous trademark as the enterprise name or trade name, which may cause misunderstanding by the public, the industry and commerce department will not approve the registration. Before the identification, except for those that have been approved and registered by the industry and commerce department in accordance with the law.

Article 19 If others use the same or similar words and graphics of a famous trademark in the city as a commodity name or decoration on the same or similar commodities, the owner of the famous trademark in the city may request the industry and commerce department to deal with it.

Article 20 Others use the same or similar words and graphics as the city's famous trademark as a commodity name, decoration or as an unregistered trademark on non-similar or non-identical commodities, implying that the commodity is the same as the commodity referred to by the city's famous trademark. If there is some kind of connection, the owner of the famous trademark in the city can request the industrial and commercial department to deal with it.

Article 21 If others use advertisements or other methods to vilify or slander the famous trademark of the city, the owner of the famous trademark of the city may request the industry and commerce department to deal with it.

Article 22 The industry and commerce departments at all levels shall strengthen the management of the city's famous trademarks, establish and improve the management system and archives, supervise and inspect the use and protection of the city's famous trademarks, and investigate and punish the acts of infringing the city's famous trademarks.

Article 23 Commodities rated as Nanjing Famous Brand Products can be given priority to be identified as City Famous Trademarks.

If it is recognized as a famous trademark of the city, the municipal department of industry and commerce shall give priority to recommend it to participate in the recognition of a well-known trademark in China and a famous trademark in Jiangsu Province.

Article 24 The owner of a famous trademark in the city shall perform the following obligations:

(1) If the owner of a famous trademark in the city changes the name, address and other registration matters of the registrant, it shall submit the changed matters to the municipal administration for industry and commerce for the record within 30 days from the date of change;

(2) If the owner of a city's famous trademark permits others to use its city's famous trademark, it must go through the licensing procedures in accordance with the law, and report it to the city's industry and commerce department for the record at the same time;

(3) If the owner of a famous trademark in the city invests with trademark rights, it shall conduct a trademark evaluation in accordance with relevant regulations, and report it to the municipal department for industry and commerce for examination, and the municipal department for industry and commerce shall make a decision within 30 days from the date of receiving the application for examination. If the owner of a city famous trademark transfers his city famous trademark according to law, the city famous trademark qualification of the trademark shall be re-determined in accordance with the provisions of these Measures;

(4) The owner of the city's famous trademark must strengthen the internal management of the trademark, improve the quality of products and services, and maintain the reputation of the city's famous trademark.

Article 25 If the owner of a famous trademark in the city has any of the following acts, the municipal department of industry and commerce shall revoke its famous trademark in the city:

(1) Obtaining a famous trademark in the city by improper means such as providing false certification materials;

(2) The commodities referred to by the city's famous trademarks no longer meet the conditions specified in items (3) to (7) of Article 7 of these Measures;

(3) The owner of a famous trademark in the city uses the words and signs of "Nanjing famous trademark" beyond the scope of goods approved for use in the trademark registration, and fails to make corrections after being ordered by the industry and commerce department to make corrections within a time limit;

(4) The qualification of the city's famous trademark has not been renewed in accordance with the provisions of Article 16 of these Measures or has not been re-identified in accordance with the provisions of Article 24 (3) of these Measures;

(5) Other acts in violation of laws and regulations that seriously affect the reputation of the city's famous trademarks.

Chapter IV Legal Liability

Article 26 Those who violate the provisions of the second paragraph of Article 4 of these Measures shall be ordered by the municipal industry and commerce department to stop the selection and identification, and a fine of less than 30,000 yuan may be imposed.

Article 27 Anyone who violates the provisions of Paragraph 2 of Article 17 of these Measures shall be ordered by the industrial and commercial department at or above the county level to remove the relevant words and signs, and a fine of not more than 10,000 yuan may be imposed; if there are illegal gains, a fine of 30,000 yuan may be imposed. A fine of less than $1.

Article 28 Anyone who violates the provisions of Article 19 of these Measures and damages the rights and interests of the owner of a famous trademark in the city shall be punished by the industrial and commercial department at or above the county level in accordance with the provisions of Article 43 of the "Implementation Rules for the Trademark Law of the People's Republic of China".

Article 29 Anyone who violates the provisions of Article 20 of these Measures shall be ordered by the industrial and commercial department at or above the county level to stop the illegal act, and a fine of less than 10,000 yuan may be imposed concurrently; if there are illegal gains, a fine of less than 30,000 yuan may be imposed.

Article 30 Anyone who violates the provisions of Article 21 of these Measures shall be ordered by the industrial and commercial department at or above the county level to stop the illegal act, and a fine of not less than 200 yuan but not more than 1,000 yuan may be imposed concurrently; for business operations, a fine of 500 yuan may be imposed A fine of more than 5,000 yuan and less than 5,000 yuan.

Article 31 In the process of identifying and protecting famous trademarks in the city, the staff of the industry and commerce department who abuse their powers and practice favoritism and fraud shall be given administrative sanctions according to law; if a crime is constituted, they shall be investigated for criminal responsibility according to law.

Chapter V Supplementary Provisions

Article 32 These Measures shall come into force on the date of promulgation.