General Provisions
First of standardizing and strengthening of famous trademarks identified and management, strengthen the protection of famous trademarks, and guide enterprises in Guangzhou trademark development strategy and create well-known trademarks and famous trademarks, according to the "PRC Trademark Law," "The People's Republic of China implemented the Trademark Law," "well-known trademark recognition and protection provisions," and other relevant laws and regulations, and in the light of "ants found in Guangdong and regulations governing the management of" combining the actual city, the enactment of this approach.
The second approach of the alleged Guangzhou famous trademarks, refers to the Guangzhou City has high reputation in the market, the public related to the well-known registered trademark.
The third of the Guangzhou City Administration of Industry and Commerce (hereinafter referred to the city industrial and commercial bureau) is the trademark of Guangzhou in charge of the administrative organs, according to the "PRC Trademark Law" and the Guangzhou Municipal People's government to give the responsibility for the well-known trademark recognition and management.
Fourth of famous trademarks finds to be followed in an open, fair and just principles.
The fifth well-known trademarks held to focus mainly found, and the special protection.
The sixth of the administrative region in Guangzhou City identified and managed the famous trademark, the application of this approach.
The second chapter finds the famous trademark
The seventh of the city's Industrial and Commercial Bureau organization established in Guangzhou famous trademark finds Committee (hereinafter referred to the Committee finds), responsible for the work to identify the famous trademark.
Determined to set a director, two deputy director, a number of members, the Urban Business Bureau and related business offices primarily responsible for serving.
The committee has identified office responsible for day-to-day work. An office of the Director and Deputy Director 2, the Trade and Industry Bureau Urban Property Management Department is responsible for serving.
The eighth of the Committee finds perform the following duties :
(1) receive and review found the famous trademark applications and renewal applications;
(2) consultation with the relevant departments, organizations and experts;
(3) to identify the famous trademark application and renewal applications considered decision.
Article 9 of famous trademarks must meet the following conditions :
(1) administrative region in Guangzhou City trademark owners have registered trademark of domestic or foreign enterprises (including natural persons) in China and to permit registration of enterprises in Guangzhou city administrative region engaged in the production and operation of the trademark;
(2) continued use of trademarks for more than three years;
(3) The mark is well known to the relevant public, in the relevant market has higher visibility;
(4) Property of goods approved for use good quality, and maintain stability;
(5) Property owners have a good reputation, which has the trademark management system, the last three years in the industrial and commercial administration, tax management, the quality and technology supervision and management without regard to serious violations.
The famous finds of the 10th trademarks, should also take into account the following factors :
(1) approved the use of the trademark goods nearly three years of major economic indicators (sales or operating income, profit and tax) in the city with the industry forefront, and the development of good;
(2) marks the outreach, broad geographic coverage;
(3) trademark in more countries (regions) the registration or use;
(4) Property approved for use larger volume of commodity exports;
(5) "old familiar" the long-term use of the trademark;
(6) in the last three years the national, provincial and municipal administrative department in charge of brand-name products found trademarks;
(7) the use of high-tech goods are trademarks;
(8) were recognized as "Shou contract, re-credit" enterprises to use trademarks.
Article 11 of the applicants found to be famous trademarks Commission finds application and submit the following documents :
(1) all trademarks of the main qualifications (including the sample, business licenses cause corporate, association-based registration certificate, the original natural identity);
(2) the application finds the famous trademarks, trademarks of any change, renewal, transfer, we still need to submit national and Trademark Office issued the changes, renewals, the transfer of the original;
(3) with the trademark logo of the physical commodity photographs;
(4) the applicant for nearly three years, sales of goods, the volume of business (enterprise required to submit financial statements);
(5) the use of the trademark of goods nearly three years of annual sales turnover of proof (to provide administrative departments or trade associations, accounting firms or a certificate issued by the Original);
(6) found the mark for the past three years the commodity advertising the publication of proof material;
(7) found the mark for the sales region (including foreign) proof material;
(8) The above industry administrative departments issued by the use of the trademark products of major economic indicators prove that the industry rankings;
(9) The use of the trademark goods award of the certificate;
(10) found that the Commission should submit relevant information.
Article 12 Commission finds received from the applicant submitted the application materials date of the 10 working days to make a decision whether to accept, and notify the applicant.
Article 13 of the Commission has identified the admissibility of the famous trademark applications identified in the filing date of 90 days to make the final decision.
Article 14 of the Commission's Office found responsible for the decision on admissibility application materials for review and field verification.
The Commission finds of the 15th found the famous trademark, should consult the relevant departments, organizations and experts.
Article 16 Commission finds convened meeting to consider the well-known trademark finds application and make a determination or a decision not identified.
The 17th of the Committee finds the famous trademark, to be more than four fifths of the members. Attended by more than two thirds of consideration by the members, identified as a well-known trademark.
Article 18 recognized as a famous trademark in the city's Trade and Industry Bureau in the "Guangzhou Daily" Notice issued finds, and the issuance of certificates. Not identified by the Commission finds written notice to the applicant, this is not the main reason identified and the basis, and return the application materials.
Article 19 of the Notice published a famous trademark and production certificate, plaque, the cost was identified as a well-known trademark for the applicant.
20 famous trademark is valid for three years, since the notice identified the date of calculation. Effective after the expiry may apply for renewal. Each extension for a period of three years.
Article 21 of the expiration date is necessary to retain the "Guangzhou City famous trademarks" and should be in within three months before the expiry of the filing of a continuation application. Renewal applications filed and reviewed the provisions of this chapter apply.
Article 22 was found to the Guangzhou City famous trademarks, and Industry and Commerce Bureau to the recommendation of the provincial industry and commerce finds Guangdong ants. Been identified as a well-known trademark, the trademark of Guangdong ants naturally to the Guangzhou City famous trademarks.
Article 23 Committee members identified with the applicant interested, it should be avoided.
Finds of the 24th member of the committee or the staff of the Guangzhou municipal work to identify the famous trademark dereliction of duty, abuse of power, influence-peddling, Urban Trade and Industry Bureau canceled its members or eligible to cease its work to identify and given administrative punishment according to law; Constitute a crime, held by the judicial authorities criminal liability.
The third chapter of the famous trademark use and management
Article 25 of the city's Industrial and Commercial Bureau accounts rely on economic management system and corporate credit monitoring network, the right to use the famous trademark of recording and monitoring, for a total credit, implementing integrity of publicity to promote and standardize the use of well-known trademarks, management.
The 26th of the famous trademark owner, the law should strengthen the use of trademarks and brand management, protection, improve product quality, consciously safeguard the credibility of the famous trademark.
Article 27 of the famous trademark owners in the well-known trademark of goods finds its packaging, decorating, brochures, advertising and other carriers to use the "Guangzhou City famous trademarks" of the characters and their signs.
Not yet recognized as a famous trademark in any unit or individual may, in its merchandise and its packaging, decorating, brochures, advertising and other carriers to use the "Guangzhou City famous trademarks" of words or signs.
The 28th of the famous trademark owners to apply for the transfer of its well-known trademark, finds should be reported to the Board for approval.
The 29th of the famous trademark owners, according to the law change their registered trademark registration and corporate matters or the law permits the use of its well-known trademark, should be approved or changed since the use of the trademark license contract signed on the 30th day, the newspaper filed identified.The 30th of the famous trademark owner has one of the following cases, the Urban Business Bureau ordered deadline to correct serious cases of revocation of its famous trademark qualifications, and be Notice :
(1) fraud, forgery proof materials, fraud famous trademark;
(2) the use of well-known trademarks in excess of the mark finds the use of commodities, industrial and commercial administration departments that are still not corrected;
(3) the use of well-known trademarks of goods crudely losses, damage the interests of consumers;
(4) The transfer is not well-known trademark by the way the approval process;
(5) other violations of the trademark laws and regulations of the act.
Article 31 of the famous trademark owner has one of the following cases, by the Guangzhou Municipal Trade and Industry Bureau cancellation of his famous trademarks, and be Notice :
(1) famous trademarks expired did not seek renewal;
(2) the famous trademark owner dies or terminated.
32 of the famous trademark owners in violation of the provisions of Article 30 of the famous trademark was revoked qualified, since removed within three years from the date inadmissible finds the famous trademark applications.
The fourth chapter of the protection of well-known trademarks
33 of the famous trade mark is a major intellectual property rights, industrial and commercial administrative organs shall, in accordance with the "PRC Trademark Law," "The People's Republic of China implemented the Trademark Law," "The People's Republic of China Against Unfair Competition Law," "Name management rules" other laws and regulations to strengthen the protection of famous trademarks.
The 34th of famous trademarks in Guangzhou city administrative region within the scope of special protection by the following :
(1), the industrial and commercial administrative organs of the famous trademark infringement of the right, at any time complaints admissible at any time, to quickly discover, investigate at any time.
(2) the use of well-known trademarks of goods identified as a "well-known commodities," based on "The People's Republic of China Against Unfair Competition Law" Section 5 (2) of the protection;
(3) Since the famous trademark finds date, within the validity period, and others will be famous trademarks the same or similar language as the application name and the name registered under the same industry, enterprise registration authorities inadmissible; Although different industries, but enough to cause public or implied guy with its famous trademark owners there some link, and may be a famous trademark to the legitimate interests of all damage caused, enterprise registration authorities inadmissible.
Well-known trademark owners found to be approved after the famous trademark with the same or similar names name and enterprises to register organ in charge of the corporate name change to the name request. Companies registered with the competent authorities shall names of the controversial provisions for disposal.
(4) famous trademarks from the date identified, drawn among large cities in the industrial and commercial administrative organs.
(5) famous trademarks in the legitimate interests of the city outside the administrative regions of serious violations, to the city industrial and commercial administration authorities request help, the city industrial and commercial administrative organs should help.
Fifth Chapter
Article 35 These measures apply to service marks.
The approach of the 36th issued since the date of promulgation. Former "Guangzhou City finds way to the famous trademark" abolished at the same time.
The approach of the 37th Guangzhou Municipal Administration of Industry and Commerce is responsible for the explanation.
