According to the first of the "People's Republic of China Trademark Law" (hereinafter referred to the Trademark Law), "People's Republic of China implemented the Trademark Law" (hereinafter referred to the implementation of the Ordinance), the enactment of this provision.
The second of the provisions of the well-known trademarks in China is related to the public and widely known to enjoy a higher reputation of the trademark. Related to the public, including with the use of the trademark by marking certain goods or services related to the consumers, the production of goods or the provision of the aforementioned services of other operators and distribution channels involved in the sales and related personnel.
Following is the third of the material can be used as proof of well-known trademarks of evidence material :
(1) to prove that the public related to the brand and awareness of the material;
(2) prove that the use of the trademark duration of the relevant material, including the use of the trademark, registered the history and scope of the material;
(3) to prove that the trademark of any publicity work duration, extent and geographic scope of the relevant material, including advertising and promotional activities, geographical scope, the type of media and advertising related to the amount of material;
(4) to prove that the trademark as well-known trademarks protected records of the material, including the trademark in China or in other countries and regions as well-known trademark protection of the material;
(5) to prove that the well-known trademarks of other evidence, including the use of the trademark goods nearly three years of production, sales volume, sales revenue, profits, sales and other related materials region.
The fourth of the parties that others preliminary approval and notice of trademark violation of Article 13 of the Trademark Law, the Trademark Law and can be based on the implementation of the provisions of the Ordinance and Trademark Office to raise objections and submit proof of its well-known trademark of the material that others parties registered trademarks of the 13rd regulations for trademark infringement the may, in accordance with the Trademark Law and its implementing regulations to the Office of the Vetting Committee for a determination of revocation of the registration of trade marks, and to submit proof of its well-known trademark of the relevant material.
The fifth of the trademark management, a person that others in the use of a trademark belonging to the Trademark Law Article 13 of the request for the case to protect its well-known trademarks, to the case of a city (prefecture), the industrial and commercial administration departments over proposed ban on the use of a written request and submit proof of its trademark famous related materials. Meanwhile, copied and sent its seat provincial industrial and commercial administrative departments.
The sixth of the industrial and commercial administration departments Property Management received the protection of well-known trademarks in the application, the case should be whether the provisions of Article 13 of the Trademark Law of the following cases under review :
(1) others in the same or similar goods on the unauthorized use and the parties have not registered in China's well-known trademarks in the same or similar trademark easily lead to confusion;
(2) others in the same or similar goods not on the unauthorized use and the parties have been registered in China's well-known trademarks in the same or similar trademark, easily mislead the public, resulting in the well-known trade marks registered person's interest may be in jeopardy right that belongs to the above-mentioned circumstances the case, city (prefecture ), the industrial and commercial administration departments should be admissible parties request from the date of 15 working days to submit all case materials provinces (autonomous regions and municipalities) of industrial and commercial administration departments, subject to the admissibility of the case issued notices; to provinces (autonomous regions and municipalities) Administration of Industry and Commerce management should the parties request from the acceptance date of 15 working days to submit all case materials and Trademark Office. The location of the provincial industrial and commercial administration departments that occurred as the case falls within the above circumstances, you can also submit Trademark Office. That is not right above circumstances of the cases will be based on the implementation of the Trademark Law and the relevant provisions of the Ordinance to make timely treatment.
The seventh of the provinces (autonomous regions and municipalities) industrial and commercial administrative departments should be within the jurisdiction of the city (prefecture), the industrial and commercial administration departments to submit the protection of well-known trademarks on the case materials for review. That right belongs to the provisions of Article VI, the first case of the cases will be received from the area within a city (prefecture), the industrial and commercial administration departments to submit the case to the date of 15 working days submit Trademark Office. That is not to the provisions of Article VI, the first case of the cases will be returned to the original material by the case of organs, in accordance with the Trademark Law and its implementation of the relevant provisions of the Ordinance to make timely treatment.
The eighth of the Trademark Office should be received on the case from the date of material within six months to make a determination, and found the results to notice the case of the provinces (autonomous regions and municipalities) of industrial and commercial administration departments, copied to the location of the parties provinces (autonomous regions and municipalities) industrial and commercial administrative departments. In addition to the well-known trademark proof materials and Trademark Office should be other cases materials returned the case to the host provinces (autonomous regions and municipalities) of industrial and commercial administration departments
Article 9 has not been recognized as well-known trademarks, since the results identified a year from the date, shall not be subject to the same trademark on the same facts and reasons again finds request.
The 10th of the Trademark Office, trademarks of the review panel finds well-known trademarks, it should be considered 14 of the Trademark Law of the various factors, but not the trademark must meet the provisions of this article all the factors as the premise.
11 Trademark Office, trademarks Vetting Committee and the local industrial and commercial administrative departments in the protection of well-known marks, the marks should be given to a notable extent and famous.
Article 12 of the Trademark Law request of the parties concerned in accordance with Article 13 of its trademark to be protected, could provide China has been the trademark of the authorities as well-known trademarks to protect the records. By the admissibility of the case and had been as well-known trademarks in the protection of the same scope of protection, and the other party that well-known trademarks or without objection despite objections, but was unable to provide the well-known trademarks is not the evidence, the cases handled by the industrial and commercial administration departments can rely on the protection of the conclusions record the case was dealt with, or convicted. By the admissibility of the case and had been as well-known trademarks in the protection of different areas of protection, or the other party to the brand famous dissent, but not for the well-known trademark of the evidence, should be trademarks or trademarks Accreditation Committee for well-known trademarks material re-examination and determined .
Article 13 If others think of their well-known trademarks registered as a business name may deceive the public or to public misunderstanding, business name registration to the competent authorities for the revocation of the registration of business names, business names registered with the competent authorities should be "business name registration and management provisions" to deal with .
Article 14 of the industrial and commercial administration departments at all levels should strengthen the protection of well-known trademarks of suspected counterfeit trademarks criminal cases should be transferred promptly to the authorities.
Article 15 of the protection of well-known trademarks of decisions, handling organs lie provinces (autonomous regions and municipalities) industrial and commercial administrative departments should be copied and sent Trademark Office.
The 16th of the industrial and commercial administration departments at all levels should establish corresponding mechanisms, and draw up corresponding supervision and control measures to strengthen the work of well-known trademarks finds the whole process of supervision and inspection. Participation in the work to identify the well-known trademarks of the abuse of authority, bending to seek illegitimate interests, and well-known trademark law for the matters identified shall be given administrative punishment; Constitute a crime, to be held criminally responsible.
The provisions of the 17th since June 1, 2003 has come into effect. On August 14, 1996 the State Council promulgated the "well-known trademark recognition and rules on" abolished at the same time. |
