Measures for the Recognition and Protection of Famous Trademarks in Yunnan Province

Article 1 In order to standardize the identification of famous trademarks in Yunnan Province and protect the legitimate rights and interests of the owners of famous trademarks in Yunnan Province, in accordance with the "Trademark Law of the People's Republic of China" and the "Implementation Rules for the Trademark Law of the People's Republic of China" and other laws and regulations, combined with According to the actual situation of this province, this method is formulated.

Article 2 Famous trademarks in Yunnan Province as mentioned in these Measures refer to registered trademarks with high popularity, high added value of trademarks and strong competitiveness and recognized in accordance with these Measures.

The well-known trademarks recognized by the state administration for industry and commerce shall be governed by the regulations on the administration of well-known trademarks.

Article 3 The provincial administration for industry and commerce shall be in charge of the identification and protection of famous trademarks in Yunnan Province; the administrative authorities for industry and commerce of prefectures, states, cities and counties shall be responsible for the protection of famous trademarks in Yunnan Province.

The planning, economic and trade, science and technology, foreign trade, state-owned assets, technical supervision, price and other departments shall, according to their respective responsibilities, assist the administration for industry and commerce to do a good job in the identification and protection of famous trademarks in Yunnan Province.

Article 4 The application for the recognition of a famous trademark in Yunnan Province shall be subject to the voluntary principle.

The identification of famous trademarks in Yunnan Province follows the principles of openness and fairness.

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

(1) The owner of the registered trademark is an enterprise, institution or individual industrial and commercial household registered in this province;

(2) The registered trademark has been actually used for more than 2 years;

(3) The products using this trademark are of good quality among the products of the same category and of the same grade, have a high reputation, and have been rated as famous brand products in Yunnan Province;

(4) The main economic indicators such as the market share of commodities using the trademark are in a leading position in the same industry;

(5) The after-sales service measures are complete and have a good reputation;

(6) The owner of a registered trademark has strict trademark use and management measures.

Article 6 To apply for the recognition of a famous trademark in Yunnan Province, the applicant shall file an application with the local, state or city administration for industry and commerce where it is registered; an enterprise registered with the provincial administration for industry and commerce may directly file an application with the provincial administration for industry and commerce. agency to apply. When applying, you should fill in the "Application Form for Recognition of Famous Trademarks in Yunnan Province" and submit the following supporting documents:

(1) Business license or corresponding legal qualification certificate;

(2) Proof that the trademark is registered and used in China;

(3) Certificate of quality grade of goods using the trademark, main economic indicators, sales area, sales volume and after-sales service measures in the past two years:

(4) The coverage area of ​​the trademark advertisement and the investment of advertising funds;

(5) The protection measures for the trademark.

Article 7 The prefecture, prefecture and city administration for industry and commerce shall conduct a preliminary examination within 30 days from the date of receipt of the application, and submit opinions to the provincial administration for industry and commerce for examination and approval.

Article 8 The provincial administration for industry and commerce shall, within 60 days from the date of receipt of the reported application or directly accepted application, examine the application materials and organize expert review. Review the compliance with these measures and organize expert review. Those that comply with the relevant provisions of these Measures shall be preliminarily identified and announced; those that do not comply with the relevant provisions of these Measures shall be returned with the reasons in writing.

For the preliminarily recognized famous trademark of Yunnan Province, anyone can raise an objection within 30 days from the date of announcement. If there is no objection or it is ruled that the objection cannot be established, the provincial administration for industry and commerce shall recognize it and issue a "Yunnan Province Famous Trademark Certificate"; if it is ruled that the objection is established, it shall not be recognized.

The "Yunnan Province Famous Trademark Certificate" and the logo are uniformly produced by the provincial administration for industry and commerce.

Article 9 The validity period of a famous trademark in Yunnan Province is 3 years from the date of announcement. Within 3 months before the expiration of the validity period, the owner of a famous trademark in Yunnan Province may apply to the provincial administration for industry and commerce for renewal. After examination, those who meet the conditions stipulated in Article 5 of these Measures will be granted the renewal. Each renewal is valid for 3 years. .

During the validity period of the famous trademark in Yunnan Province, the provincial administration for industry and commerce shall give priority to recommend it to participate in the recognition of the well-known trademark.

Article 10 The following special protections shall be implemented for the exclusive rights of famous trademarks in Yunnan Province:

(1) The right of the owner of the famous trademark of Yunnan Province to use the words and signs of the famous trademark of Yunnan Province in accordance with the law in its product packaging, service places, advertising, product manuals and other business activities is protected;

(2) For commodities using famous trademarks of Yunnan Province, their unique names, packaging and decoration shall be protected;

(3) Without the permission of the owner of a famous trademark in Yunnan Province, others may not use the trademark words as the name of an enterprise or other organization to register;

(4) Notify the famous trademarks of Yunnan Province to the industrial and commercial administrations of all provinces, autonomous regions and municipalities directly under the Central Government for coordinated protection.

Article 11 The owner of a famous trademark in Yunnan Province shall improve the internal management system, improve the quality of goods or services, and maintain the reputation of the famous trademark in Yunnan Province.

Yunnan famous trademarks shall not be lent, leased or illegally transferred to other operators for use.

Article 12 Where the owner of a famous trademark in Yunnan Province legally assigns the trademark, the assignee shall re-apply for recognition in accordance with the provisions of these Measures.

Article 13 The following acts are acts that infringe upon the exclusive right to use a famous trademark in Yunnan Province:

(1) Unauthorized use of words, graphics and other combinations that are identical or similar to famous trademarks in Yunnan Province as the name or logo of an enterprise or other organization;

(2) Unauthorized use of the unique packaging, name and decoration of commodities with famous trademarks in Yunnan Province;

(3) Using a trademark that is identical or similar to a famous trademark in Yunnan Province on commodities and is sufficient to cause misidentification;

(4) Using Yunnan famous trademark signs and their characters in commodity packaging or containers, decoration, instruction manuals, commodity transaction documents, advertisements, exhibitions and other business activities without authorization;

(5) Damage to the reputation of Yunnan famous trademarks in other ways.

Article 14 The administration for industry and commerce shall establish and improve the management system, supervise and inspect the use and management of famous trademarks in Yunnan Province, and investigate and punish acts that infringe upon the exclusive rights of famous trademarks in Yunnan Province.

Article 15 In case of violation of Item (1) of Article 13 of these Measures, the owner of a famous trademark in Yunnan Province may request the competent registration authority to revoke the infringing enterprise or other organization within two years from the date when he knew or should have known. name and logo.

Article 16 Those who violate the provisions of Article 13 (2), (3), (4), and (5) of these Measures shall be punished severely in accordance with the provisions of laws and regulations; If stipulated, the industrial and commercial administration at or above the county level shall give a warning or impose a fine of not less than 1,000 yuan but not more than 20,000 yuan.

Article 17 In case of any of the following circumstances, the industrial and commercial administration at or above the county level shall order it to make corrections within a time limit, and may impose a fine of not less than 2,000 yuan but not more than 30,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.

(1) Obtaining the "Yunnan Province Famous Trademark Certificate" through fraudulent means;

(2) Using the famous trademark of Yunnan Province, its products are shoddy and shoddy, which damages the rights and interests of consumers;

(3) Forging, altering, lending, leasing or selling the "Yunnan Province Famous Trademark Certificate" and its signs;

(4) Unauthorized use or use of Yunnan famous trademark signs and their characters beyond the approved scope.

Article 18 A trademark owner whose "Yunnan Province Famous Trademark Certificate" and its logo have been confiscated by the provincial administration for industry and commerce shall not re-apply for recognition of a Yunnan famous trademark within 3 years from the date of conquest.

Article 19 In the work of identifying and protecting famous trademarks in Yunnan Province, the staff members and relevant personnel of the administration for industry and commerce shall be investigated for criminal responsibility according to law if they neglect their duties, abuse their powers, or engage in malpractice for personal gain, which constitutes a crime; Give administrative sanctions.

Article 20 The provisions on commodity trademarks in these Measures shall apply to service trademarks.

Article 21 These Measures shall come into force on the date of promulgation.