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Rules for the Recognition well-known trademarks

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					Rules for the Recognition well-known trademarks
Working trademark 〔2009〕 81 words
Published: April 21, 2009 from: Intellectual Property Protection in China


Issued】 【SAIC
【Number】 work release words trademarks 〔〕 81, 2009
【Date】 2009-04-21
Go into effect 2009-04-21
【Date】 ----------- failure
【Category】 other regulatory documents

Chapter I General Provisions

The first implementation of the strategy to promote the trade mark, certification of
standard well-known trademark to promote the well-known trademark recognition
was further institutionalized, standardized procedures, and rule of law, and earnestly
safeguard the legitimate rights and interests of trademark owners, and improve
intellectual property protection system, optimization and innovation environment and
promote sound and fast economic and social development, according to
"The People's Republic of China Trademark Law,"
"The People's Republic of China Trademark Law Implementing
Regulations," "well-known trademark recognition and
protection of the rule" and the "main functions of the State
Administration for Industry and equipped organization and staffing requirements,
"the development of the rules.

The second section of the rules identified in the well-known trademark is the
Trademark Office, Trademark Review and Adjudication Board in accordance with
"the     Trademark      Law,"     "Trademark        Law
Implementing      Regulations,"      "well-known       trademark
recognition and protection" and the "Trademark Assessment
Rules," and the State Administration for Industry total Council
"divisions (departments, bureaus, offices) the main duties of internal
organization and staffing of the provides that" the relevant provisions of
the well-known trademarks recognized.

Well-known Trademark third purpose is to increase the work of trademark protection,
and guide enterprises to implement trademark strategy of using independent
trademarks, trademarks rich content, emphasis on innovation and intellectual property
protection of trademarks, trademarks improve visibility, forming a group with
independent intellectual property rights and well-known brand, international
competitive advantage in better businesses, to promote enterprise and economic and
social development, promote innovation and Xing Guo Jia construction.
Article Trademark Office, Trademark Review and Adjudication Board shall be strictly
accurate, according to the law to carry out the work of well-known trademark
recognition and correctly guide public opinion and propaganda to promote the
well-known trademark recognition and protection of the health system development,
support Bangzhu enterprises to implement trademark strategy reasonable.
Trademark Office should be guided around the industrial and commercial
administration departments in the well-known trademark recognition for the work of
strict checks to ensure that application materials are true and accurate.

Article Trademark Office, Trademark Review Commission was set up well-known
Trademark Committee, whose members include the Trademark Office, Trademark
Review and Adjudication Board Secretary, Director, Deputy Director, Deputy Director,
inspector, deputy inspector, the Secretary, Director Chairman .

Article Trademark Office, Trademark Review and Adjudication Board under this rule
for the contractors Department finds that the application materials well-known
trademark to receive, collate and review; Trademark Office will be the Secretary,
Trademark Review and Adjudication Board Finance Committee will be conducted
pursuant to these rules in the validation Trademark Identification work; well-known
Trademark Committee pursuant to these Rules for Trademark Identification of the
review work; State Administration for Commerce and Industry Renowned Trademark
Office will be identified by the Commission to audit review well-known trademarks.

Chapter II Trademark Identification for review, validation

Trademark Identification Section should be taken into account, evidence

Article finds that well-known trademarks should be based on "Trademark
Law" Article XIV, consider the following factors, but not to the mark must
meet the prerequisite for all of the following factors:
(A) related to the trademark known by the public;
(B) the duration of the trademark;
(C) any publicity of the mark the duration, extent and geographical scope;
(D) of the mark as a well-known trademark protected records;
(E) the other factors well-known trademark.

Article VIII shall be determined according to well-known trademark
"well-known trademark recognition and protection of the
provision" the provisions of Article III to review the evidence the
following well-known material certification mark:
(A) that related to the degree of public awareness of the trademarks related materials;
(B) that the duration of the trademark use of relevant materials, including the use of
trademarks, registration history and scope of the material;
(C) that any publicity of the mark duration, extent and geographic scope of relevant
material, including advertising and promotions the way, geographical scope, types of
media publicity and advertising content and other relevant materials;
(D) show the mark as a well-known trademark protected records related materials,
including the trade mark in China or other countries and regions as well-known
trademarks protected in this regard;
(E) that the famous mark and other evidence, including the use of the mark production
of major commodities in the past three years, sales volume, sales revenue, profits and
taxes, sales area and other relevant materials.

Section II of the review of trademark management program

Article on the provincial industrial and commercial administrative organs in
accordance with "well-known trademark recognition and protection
requirements," reported cases of well-known trademark application
materials and determined that the evidence well-known trademark, the Trademark
Office to implement separate collection system for paper and office paper, integrated
by the Trademark Office Department of receipt, the contractor is responsible for
material sorting, the establishment registered with the Register.
Made in the management of the well-known trademark Trademark application, the
applicant to submit additional evidence, and the contractors in the relevant trademark
applications filed before the Secretary's office will complement the content
of the material can be included in application materials to order.

Article contractors Department may mark a significant and well-known degree of
technical problems or the relevant department to seek the views of the offices
concerned.
Contractors Department deems it necessary, the local industry and commerce
administrative departments to understand the situation.

Article for the management of the trade mark proposed to apply well-known
trademark recognition, chaired by the Director of Department contractor services will
be discussed and made preliminary comments. Department services the participants
will be not less than two-thirds of all officers. Meeting should take notes.

Article XII will be discussed by the Finance Department to create the conditions meet
the well-known trademarks, or do not meet the conditions of the preliminary views of
well-known trademarks, reported by the Commissioner in charge of the Deputy
Secretary. Deputy Secretary in charge of the Secretary to submit trademark office to
discuss.

Section III review of trademark opposition procedures

Article XIII for the trademark opposition (including the international registration of
trademark opposition procedures) program proposed by well-known trademark
recognition applications, in accordance with the "Trademark
Law", "Trademark Law Implementing Regulations"
and "well-known trademark recognition and protection of the
rule" provisions, principle objection on the basis of trademark applications
in chronological order of the cases.

Article XIV of the undertaker of the well-known trademark to collate evidence,
collegial group discussions reported by the Finance Department, will discuss. Office
of the Director of the contractor services conference hosted Office, Office Services
staff will participate in no less than two-thirds of all officers. Meeting should take
notes.

Article XV will be discussed by the Finance Department, the formation of sufficient
evidence and that the opposition case is really necessary according to the
"Trademark Law" rule of Article XIII of the views or
insufficient evidence, the case without objection by the "Trademark
Law" Article XIII of the views of decision , reported by the Director in
charge of Deputy Secretary. Deputy Secretary in charge of the Secretary to submit
trademark office to discuss.

IV Review of Trademark Oppositions, trademark disputes in the review process

Article XVI in the review of trademark opposition, trademark disputes filed in the
proceeding known Trademark applications Trademark Review and Adjudication
Board in accordance with the "Trademark Law",
"Trademark        Law        Implementing       Regulations,"
"well-known trademark recognition and protection of the rule"
and the "Trademark Assessment Rules," provisions of the cases.

Article XVII of the Trademark Review and Adjudication Board in cases involving
well-known trademarks identified by the case of contractors of the Office of collegial
group trial.
Collegial group of three or more persons by the Trademark Review and Adjudication
singular form, the case must serve as the Director of the contractor members of the
collegial group. Collegial group trial of cases involving well-known trademark
recognition, the implementation of the principle of majority.

Article XVIII collegial group found by the Court that the basic conditions of
well-known marks, report by the Director in charge of Deputy Director. Deputy
Director, in charge of basic research that meet the conditions of well-known marks,
reported to the Director, the Finance Committee submitted Trademark Review and
Adjudication Board for discussion.
Article XIX Director agreed to submit the case to involve well-known Trademark
Services Committee will discuss the case the contractor shall promptly submit the
relevant materials, integrated office. Commission services should be consolidated
Department will hold three days before, copy the relevant material and sent to
participate in committee affairs and personnel.

Section V will review

Diershitiao Trademark Office to discuss the case of the Secretary-known Trademark
office by the Secretary, Deputy Secretary, inspector, deputy inspector composition, the
Director of the contractor to attend.

Trademark Review and Adjudication Board to discuss the twenty-one well-known
trademark cases identified by the Committee Services Officer, inspector, deputy
director, deputy inspector, the Commissioner throughout the composition.

Article 2 and Trademark Office and Trademark Office Secretary Office will submit
the views of the Deputy Secretary in charge of research validation that meet the
conditions of well-known trademarks made comments to be found; that do not meet
the conditions well-known trademarks, to return the Registry in accordance with the
procedures process. Among them, the proposed trademark opposition procedures for
well-known Trademark, Trademark Office Secretary will consider the case of
insufficient evidence or the objection does not need according to the
"Trademark Law" Article XIII ruling, the Registry by the
general objection to the case processing; for trademark in the management process of
the well-known trademark recognition                applications,  trademarks,    the
Secretary's office does not comply with the conditions well-known marks,
the Registry issued a document to be returned in accordance with procedures for
handling documents, and application materials be returned.
Trademark Review and Adjudication Board appointed deputy director in charge of
Finance will study the validation submissions that meet the conditions of well-known
trademarks made comments to be found; that do not meet the conditions well-known
trademarks, to return the Registry in accordance with the procedures. Trademark
Review and Adjudication Board Finance Committee will be to the participants not
less than two-thirds of staff.
Trademark Office will be the Secretary or the Trademark Review and Adjudication
Board Finance Committee will form views, and Times Trademark Identification
Committee.

Chapter III and nuclear pre-trial review

Twenty-three well-known trademark in accordance with the Certification Committee,
"Trademark Law", "Trademark Law Implementing
Regulations," "well-known trademark recognition and
protection requirements" and "Trademark Review and
Adjudication Rules" provisions of the Trademark Office, Trademark
Review and Adjudication Committee validated the views of well-known trademark
research review, and promptly identified by the review of the proposed well-known
trademark, the Secretary General reported that the nuclear review conference office.
After review of the proposed return, and return Trademark Office or the Trademark
Review and Adjudication Board in accordance with relevant procedures.
Trademark Identification Committee to hold the review meeting, participants should
be to the personnel of not less than two-thirds.

According to Article 4 General views of the nuclear review, Trademark Office,
Trademark Review and Adjudication Board documents should be handled in
accordance with their respective procedures for approval or determination, and in a
timely manner to the public recognized the well-known trademarks.

Article 5 Trademark Office and the Trademark Review and Adjudication Board make
a ruling of trademark opposition, trademark Oppositions ruled that adjudication on
dispute, it shall identify the material well-known trademark and trademark opposition,
trademark opposition review, together with archive material trademark dispute cases.
Trademark Office in trademark management process to the well-known trademarks
identified after approval, should the relevant materials Filing. Trademark
Identification of the material should be a case of a roll, the retention period of three
years.

Article 6 in the management process for the trademark of well-known trademark
recognition applications, in the review, the nuclear review process that does not meet
the conditions well-known marks, should be returned for processing, by the Deputy
Secretary General in charge of the nuclear review. Genju views of Post and the
nuclear review, mark Ju issued a document in accordance with procedures
Gongwenbanli Tuihuishenqing and Shenqingcailiao be 退回.

Chapter IV Supervision and Legal Liability

27th Secretary's office of the Trademark, Trademark Review and
Adjudication Board Finance Committee will study the well-known trademark
recognized by the Central Commission for Discipline Inspection, the Ministry of
Supervision in the State Administration for Industry and discipline inspection group to
oversee the Bureau sent to supervise.
Trademark Identification Committee held a review meeting, the Central Commission
for Discipline Inspection, the Ministry of Supervision in the State Administration for
Industry and discipline inspection group sent supervision Supervision Bureau, China
Trademark Association to be represented at the meeting.

28th the Trademark Office, the Trademark Review and Adjudication Board shall work
to identify the well-known trademarks as Independent risk points, to establish a sound
supervision system, improve risk management point.

第二 19 well-known trademark recognition period under review, no unit or individual
may apply to the Trademark Office, Trademark Review and Adjudication Board to
reflect the situation and make suggestions. Well-known trademark claims, interested
parties and their agents identified on the relevant application for the visit well-known
trademark, the Trademark Office or the Trademark Review and Adjudication Board
Integrated Service Integrated Office reception. Trademark Office or the Trademark
Review and Adjudication Board Comprehensive Integrated Office in time to reflect
feedback from the contractor in writing office.

Well-known trademark recognized in the third 10 staff to strictly observe work
discipline, not to disclose the work of well-known trademark recognized in
accordance with relevant requirements of confidentiality issues and the situation
should not be disclosed.

第三十一条 Trademark Identification work and certification of personnel engaged
strictly in accordance with the relevant provisions of self-discipline, to strictly abide
by the "Trademark Law", "industrial and commercial
administration department trademark registration, management and review the Code
of Practice" and other relevant regulations.
The law, delinquent behavior, according to relevant regulations and investigate the
responsibilities of the parties.

Chapter V Supplementary Provisions

Thirty-second article this rule by the State Administration for Industry and interpret.

33rd These Rules shall come into force the day of release.

(Note: this site's intellectual property rights contained in the laws and
regulations content, please release all the original body text shall prevail!)

				
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