Measures for the Recognition and Protection of Famous Trademarks in Chongqing

(Chongfu Order No. 3 October 20, 1997)

Chapter 1 General Provisions

Article 1 In order to regulate the identification of famous trademarks in Chongqing, protect the legitimate rights and interests of famous trademark holders, maintain social and economic order, and promote economic development, in accordance with the "Trademark Law of the People's Republic of China" and the provisions of relevant laws and regulations, combined with This Municipality formulates these measures.

Article 2 Famous trademarks referred to in these Measures refer to registered trademarks that enjoy a high reputation in the market and are known to the relevant public.

Article 3 These Measures shall apply to the identification and protection of famous trademarks in Chongqing.

Article 4 The administrative department for industry and commerce shall be responsible for the identification and protection of famous trademarks. Other relevant departments shall, within the scope of their respective duties, cooperate with the administration for industry and commerce to do a good job in the identification and protection of famous trademarks.

No other organization or individual may identify Chongqing famous trademark.

Article 5 The identification and protection of famous trademarks shall follow the principles of openness and fairness.

Chapter II Recognition of Famous Trademarks

Article 6 A voluntary application shall be implemented for the identification of Chongqing famous trademarks.

The Chongqing Administration for Industry and Commerce can also identify Chongqing famous trademarks according to the needs of trademark management.

Article 7 A famous trademark in Chongqing shall meet the following conditions:

(1) The trademark is a registered trademark, and the ownership of the trademark is undisputed;

(2) The trademark has been actually used for three years;

(3) The goods using the trademark are of good quality and stability, and have a high market reputation;

(4) The trademark is known to the relevant public.

Enterprises, institutions, social groups, and individual industrial and commercial households in this city that determine that their registered trademarks meet the conditions prescribed in the preceding paragraph, and apply for the recognition of famous trademarks, shall submit an application to the Chongqing Administration for Industry and Commerce.

Article 8 To apply for the recognition of a famous trademark in Chongqing, the following documents shall be submitted:

(1) "Business License";

(2) "Trademark Registration Certificate";

(3) The domestic sales area and sales volume of the goods using the trademark;

(4) The annual output, sales, profits and taxes, market share and other major economic indicators and quality of the commodities using the trademark in the past three years;

(5) The advertisement release of the goods using the trademark;

(6) The registration, use and management of the trademark by the trademark registrant;

(7) Other documents that Chongqing Administration for Industry and Commerce considers to be submitted.

Article 9 After accepting the application, the Chongqing Administration for Industry and Commerce shall examine the documents submitted by the applicant, and consult the consumer associations, administrative industry associations or relevant departments for opinions, and make a determination or disapproval within three months. Decide.

Those that meet the conditions of a famous trademark shall be identified, and a "Chongqing Famous Trademark Certificate" shall be issued and announced; those who do not meet the conditions shall not be identified, and the applicant shall be notified in writing and the reasons for it.

If the applicant is not satisfied with the decision of disapproval, it may apply to the Chongqing Administration for Industry and Commerce for review within 15 days from the date of receipt of the notification of the disapproval decision. The Chongqing Administration for Industry and Commerce shall, from the date of receipt of the application for review, Make a final review decision within 30 days and notify the applicant in writing.

Article 10 The validity period of a famous trademark in Chongqing is three years, calculated from the date of notification. 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 holder of a famous trademark can apply for renewal, and the Chongqing Administration for Industry and Commerce shall handle it in accordance with the provisions of Article 9 of these Measures. Those that meet the conditions shall be approved and announced.

Each renewal is valid for three years.

Article 11 Changes, assignments and licenses of famous trademarks in Chongqing shall be handled in accordance with the provisions of the Trademark Law of the People's Republic of China and the Detailed Rules for the Implementation of the Trademark Law of the People's Republic of China, and shall be filed with the Chongqing Administration for Industry and Commerce.

Chapter 3 Protection of Famous Trademarks

Article 12 On non-similar goods, words and graphics that are identical or similar to others' famous trademarks are used as trade names, decorations or as unregistered trademarks, and it will imply that the goods have some kind of relationship with the holder of the famous trademark. If the rights and interests of the holder of the famous trademark may be damaged, the holder of the famous trademark may request the administrative department for industry and commerce at or above the county level to stop it within two years from the date when the holder of the famous trademark knows or should know that the rights and interests are damaged.

Where two or more identical or similar trademarks on non-similar goods are both recognized as famous trademarks, the provisions of the preceding paragraph shall not apply to each other.

Article 13 From the date of announcement of a famous trademark, if others use the same or similar words as the famous trademark as the enterprise name or trade name, and it may cause misunderstanding by the public, the administration for industry and commerce shall not approve the registration.

In any of the following circumstances, the provisions of the preceding paragraph shall not apply:

(1) The characters of the famous trademark are the names of administrative divisions at or above the county level;

(2) The characters of the famous trademark are the names of famous rivers, rivers, lakes, mountains and places of interest in the whole country or in Chongqing;

(3) The characters of the famous trademark have other public properties.

Article 14 The Chongqing Administration for Industry and Commerce recommends well-known trademarks to the State Administration for Industry and Commerce, and with the consent of the holder of the famous trademark, recommends it from among the famous trademarks in Chongqing.

Article 15 In any of the following circumstances, the Chongqing Municipal Administration for Industry and Commerce shall revoke the famous trademark:

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

(2) The administrative staff for industry and commerce engaged in favoritism and fraud in the work of identifying famous trademarks in Chongqing;

(3) Using the words and logos of "Chongqing Famous Trademark" beyond the scope of goods approved by the trademark registration, and still fails to make corrections after being ordered by the administrative department for industry and commerce to make corrections within a time limit;

(4) Violating the provisions of Article 11 of these Measures and failing to make corrections after being ordered by the administrative department for industry and commerce to make corrections within a time limit.

Article 16 If the holder of a famous trademark has one of the following circumstances, the Chongqing Administration for Industry and Commerce shall cancel its famous trademark:

(1) Losing the conditions of a famous trademark within the validity period;

(2) Failure to apply for renewal in accordance with these Measures upon expiration of the term;

(3) The famous trademark has not been used for two consecutive years.

Chapter IV Legal Liability

Article 17 Whoever violates the provisions of the "Trademark Law of the People's Republic of China" and its implementing rules and other laws and regulations, and infringes the rights and interests of the holders of famous trademarks, shall be severely punished in accordance with relevant regulations.

Article 18 The use of “Chongqing Famous Trademark” on commodities and their packaging, decoration, instruction manuals, advertisements and other publicity materials has not been recognized by the Chongqing Administration for Industry and Commerce or has been recognized but has exceeded the scope of commodities approved by the trademark registration. Those who use words and signs shall be punished in accordance with the provisions of relevant laws, regulations and rules.

Article 19 If the applicant falsifies and forges the certification materials, and defrauds the famous trademark of Chongqing, a fine of not less than 1,000 yuan and not more than 30,000 yuan shall be imposed.

Article 20 Anyone who violates the provisions of Article 12 of these Measures and damages the rights and interests of the holders of famous trademarks in Chongqing shall be ordered to make corrections within a time limit, and a fine of not less than 5,000 yuan and not more than 30,000 yuan may be imposed concurrently.

Article 21 If one of the acts listed in Article 38 of the "Trademark Law of the People's Republic of China" infringes the exclusive right to use a famous trademark in Chongqing, the According to the provisions of Paragraph 2, the administrative department for industry and commerce may impose a fine of not less than 40% but not more than 50% of the illegal business turnover or not less than four times but not more than five times the profits obtained from infringement, depending on the circumstances. For the directly responsible personnel of the unit that infringes the exclusive right to use a famous trademark in Chongqing, the administrative department for industry and commerce may impose a fine of more than 5,000 yuan and more than 10,000 yuan according to the circumstances; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 22 In the process of identifying and protecting famous trademarks in Chongqing, the administrative staff of industry and commerce, who abuse their powers, neglect their duties, or practice favoritism and fraud, shall be given administrative sanctions by their units or higher-level organs; if a crime is constituted, they shall be prosecuted according to law responsibility.

Chapter V Supplementary Provisions

Article 23 The provisions of these Measures concerning commodity trademarks shall apply to service trademarks.

Article 24 The problems in the specific application of these measures shall be explained by the Chongqing Administration for Industry and Commerce.

Article 25 These Measures shall come into force on November 1, 1997.