馳名商標認定和保護規(guī)定2

1、decree of the state administration for industry and commerce of the peoples republic of chinano.5the provisions for identification and protection of well-known trademarks, adopted at executive meeting of the state administration for industry and commerce, is hereby promulgated, and shall enter into

2、force as of june 1, 2003. general director of the state administration for industry and commerce: wang zhongfuapril 17, 2003article 1 the present provisions are formulated in accordance with the trademark law of the peoples republic of china (hereinafter referred to as the trademark law) and the rul

3、es on implementing the trademark law of the peoples republic of china (hereinafter referred to as the implementing rules).article 2 the well-known trademark herein refers to a trademark widely known by the relevant public and highly reputable in china.the relevant public includes the consumers relat

4、ed to certain kind of commodities or services indicated by a trademark, manufacturers of the said commodities or other operators who provide relevant services, and the sellers and other people involved in the market.article 3 the following materials may be used as the certification materials of a we

5、ll-known trademark:1. relevant materials that can evidence the extent that the relevant public know the trademark;2. relevant materials that can evidence the lasting time of the trademark, including the materials involving the history and scope of the use and registration of the trademark;3. relevan

6、t materials that can evidence the lasting time, extent and geographic scope of any publicity work, including ways of adverting and promotion, geographic scope, type of publicity media and the quantity of the launched advertisements;4. relevant materials that can indicate that this trademark has been

7、 protected as a famous one, including the pertinent materials that the trademark has been protected as a well-known trademark in china, or in other country or region;5. other evidential materials that can indicate the trademark is famous, including the materials regarding the recent 3 years of outpu

8、t, sales volume, profit payments and tax turnover and sales territory of the principal commodities using this trademark.article 4 where a trademark, which has been given preliminary examination and approval and publicly announced, is thought to be in violation of article 13 of the trademark law, the

9、 party involved may raise an objection to the trademark office in accordance with the relevant provisions of the trademark law and the implementing rules and shall submit relevant materials that can prove the trademark as famous.where a registered trademark is thought to be in violation of article 1

10、3, the party involved may file an application to the trademark review and adjudication board, pleading it to make a ruling to revoke the registered trademark, and shall submit relevant materials that can prove the trademark as famous.article 5 in the management of trademarks, where a trademark used

11、by others is thought to be in violation of article 13 and it is requested to protect this famous trademark, the party involved may file an written application to the administrative department at the city (prefecture, region) level of the place where case has occurred, pleading it to ban such use, an

12、d shall submit relevant materials that can prove the trademark as famous. at the same time, it shall report to the administrative department at the provincial level where it is located.article 6 having received an application for the protection of a famous trademark in the administration of marks, t

13、he administrative department for industry and commerce shall examine whether the case falls within the following circumstances as provided in article 13 of the trademark law:1. where a well-known trademark that hasnt been registered in china is used on identical or similar commodities of others with

14、out permission, and it is likely to cause confusion;2. where an trademark identical or similar to a well-known trademark that has been registered in china is used on the different or dissimilar commodities without permission, and it is likely to mislead the public and to cause damages to the interes

15、ts of the registrant of the well-know trademark.in any of the above-mentioned circumstances, the administrative department at the city (prefecture, region) level shall submit the complete set of materials of this case to the administrative department of this province (autonomous region, municipality

16、 directly under the central government) within 15 days as of the acceptance of the application, and shall issue a case acceptance notice to the parties involved. within 15 days as of the acceptance of the application, the administrative department of this province (autonomous region, municipality di

17、rectly under the central government) shall submit the complete set of materials of this case to the trademark office.a case not falling within the above-mentioned circumstances shall be timely resolved in accordance with the trademark law and the implementing rules.article 7 the administrative depar

18、tment of the province (autonomous region, municipality directly under the central government) shall examine the materials involving well-known trademark protection submitted by the administrative departments at the city (prefecture, region) level within its jurisdiction.for a case falling within the circumstance as listed in the first paragraph of article 6 of the present provisions, the materials of the case submitted by the administrative department for industry and commerce at the city (prefecture, region) level shall be submitted to the trademark office with