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Provisions on the Recognition and Protection of Famous Trademarks in Chengdu (revised in 2111)

article 1 in order to standardize the identification of famous trademarks in Chengdu, protect the legitimate rights and interests of famous trademark owners and consumers, and promote brand promotion, these provisions are formulated in accordance with the trademark law of the people's Republic of China and other laws and regulations, combined with the actual situation in Chengdu. Article 2 These Provisions shall apply to the identification and protection of famous trademarks in Chengdu.

the provisions on commodity trademarks in these provisions are applicable to service trademarks. Article 3 The famous trademarks in Chengdu mentioned in these Provisions (hereinafter referred to as famous trademarks) refer to registered trademarks that enjoy a high reputation in the market, are known to the relevant public, and are being legally used by trademark owners. Article 4 The identification and protection of famous trademarks shall follow the principles of openness, justice and fairness. Article 5 The municipal administrative department for industry and commerce shall be responsible for organizing the identification of famous trademarks.

the municipal and district (city) county administrative departments for industry and commerce are responsible for the management and protection of famous trademarks.

the administrative departments in charge of agriculture, letter and commerce shall, according to their respective responsibilities, assist in the identification and protection of famous trademarks.

relevant trade associations (chambers of commerce) should cooperate to cultivate famous trademarks. Article 6 An application for the recognition of a famous trademark shall meet the following conditions:

(1) The applicant meets one of the following conditions:

1. The registered trademark owner within the administrative area of this Municipality;

2. The registered trademark owner within the administrative area of this Municipality permits the use and authorizes the application;

3. Registered trademarks outside the administrative area of this Municipality are licensed for use by natural persons, legal persons and other organizations in this Municipality.

(2) The trademark has been approved and registered for one year and has been used continuously for more than three years, and the ownership of the trademark is undisputed;

(3) the trademark is well known to the relevant public and has a high reputation in the relevant market;

(4) The goods using the trademark are of good quality and have a good reputation;

(5) The annual sales volume, operating income, net profit, tax payment and other major economic indicators of the goods applying for the recognition of famous trademarks in the past three years are leading in the same industry in this Municipality;

(6) The applicant has not been subjected to administrative punishment or criminal punishment with a relatively large fine or above for violating laws, regulations and rules on trademark management, production and operation, product quality, labor security, environmental protection and safety in production in recent three years;

(7) The applicant has a sound system for the use, management and protection of trademarks. Article 7 To apply for the recognition of a famous trademark, an application form for the recognition of a famous trademark in Chengdu shall be filled in and submitted to the district (city) county administrative department for industry and commerce, and the following materials shall be provided:

(1) the name of the applicant;

(2) the Trademark Registration Certificate for applying for the recognition of a famous trademark and the certification materials that the trademark has been used continuously for three years;

(3) The following supporting materials of the main economic indicators of the goods applying for the recognition of famous trademarks in recent three years:

1. Financial statements of the annual sales volume, operating income and net profit of the goods;

2. the tax payment certificate issued by the tax department;

3. A certificate of ranking (or market share) of the same industry issued by an intermediary agency, an industry association above the municipal level or the competent department of the industry;

4. Photos of goods with the trademark logo;

5. Proof materials of the commodity sales area (including export).

(4) the use, management and protection of trademarks;

(5) the infringement of the exclusive right to use the trademark;

(6) other materials that prove the public's awareness of the trademark;

(7) A written commitment that it has not been fined more than a large amount of administrative punishment or criminal punishment in the last three years. Article 8 The administrative department for industry and commerce of a district (city) county shall, within fifteen days from the date of receiving the application materials, conduct a preliminary examination of the application materials in accordance with the provisions of Articles 6 and 7 of these Provisions, and make a decision on whether to accept or not.

if it decides to accept the application, it shall notify the applicant in writing and forward the preliminary examination opinions and application materials to the municipal administrative department for industry and commerce; If it decides not to accept the application, it shall notify the applicant in writing and explain the reasons.

if the application materials need to be corrected, the applicant shall be informed to make corrections within a time limit. If the applicant fails to make corrections within the time limit, it shall be deemed as giving up the application. Article 9 The municipal administrative department for industry and commerce shall, within 41 working days after receiving the application for recognition of famous trademarks forwarded by the district (city) county administrative department for industry and commerce, review and verify the application materials, put forward written examination opinions, and report it to the expert group for evaluation of famous trademarks in the city. During the audit, the opinions of relevant administrative departments, trade associations and consumer associations shall be consulted. When necessary, you can entrust the relevant agencies to investigate.

the composition, membership conditions and evaluation methods of the famous trademark evaluation expert group shall be formulated separately by the municipal administrative department for industry and commerce.

if it passes the review, the municipal administrative department for industry and commerce will issue a notice of confirmation and issue a famous trademark certificate; If it is not recognized, the municipal administrative department for industry and commerce shall notify the applicant in writing and explain the reasons. Article 11 A famous trademark shall be valid for five years, counting from the date of announcement.

if it is necessary to retain the recognition of a famous trademark at the expiration of the validity period, the owner of the famous trademark shall submit an application for review to the local administrative department for industry and commerce within six months before the expiration of the validity period of the famous trademark.

the application for reexamination shall be handled in accordance with the procedures for application for recognition of famous trademarks.