The provisions on commodity trademarks in these Provisions shall apply 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 well known to the relevant public, and are 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.
City and district (city) county industrial and commercial administrative departments are responsible for the management and protection of famous trademarks.
The administrative departments of agriculture, informatization and commerce shall, according to their respective duties, assist in the identification and protection of famous trademarks.
Relevant trade associations (chambers of commerce) shall cooperate with the cultivation of 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 owner of the registered trademark 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 permitted to be used 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 uncontroversial;
(three) the trademark is well known to the relevant public and enjoys a high reputation in the relevant market;
(4) The goods using the trademark have good quality and good reputation;
(five) the main economic indicators such as the annual sales, operating income, net profit and tax payment 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 the laws, regulations and rules on trademark management, production and operation, product quality, labor security, environmental protection and production safety in the last three years;
(seven) the applicant has a sound system of trademark use, management and protection. Article 7 To apply for the recognition of famous trademarks, an Application Form for the Recognition of Famous Trademarks 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;
(two) the trademark registration certificate for the application for the recognition of a famous trademark and the certification materials for the continuous use of the trademark for three years;
(3) The following certification materials of the main economic indicators of the goods applying for the recognition of famous trademarks in recent three years:
1, financial statements of annual sales, operating income and net profit of commodities;
2, the tax payment certificate issued by the tax authorities;
3, intermediary institutions, industry associations above the municipal level or industry departments issued by the same industry ranking (or market share) certificate;
4. Physical photos with trademark marks;
5, commodity sales area (including export) certification materials.
(four) the use, management and protection of trademarks;
(5) Infringement of the exclusive right to use a trademark;
(six) other materials to prove that the trademark is known to the relevant public;
(seven) in the past three years, it has not been subject to administrative punishment or criminal punishment with a large amount of fine. Article 8 The administrative department for industry and commerce of the district (city) county shall, within 15 days from the date of receiving the application materials, make a preliminary examination of the application materials according to the provisions of Articles 6 and 7 of these Provisions, and make a decision on whether to accept them.
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 40 working days after receiving the application for the recognition of famous trademarks forwarded by the district (city) county administrative department for industry and commerce, examine and verify the application materials, put forward written examination opinions, and report to the expert group for the evaluation of famous trademarks in the city. The opinions of the relevant administrative departments, trade associations and consumer associations shall be sought during the audit. 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.
After passing the review, the municipal administrative department for industry and commerce will issue a confirmation announcement 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 10 A famous trademark shall be valid for five years, counting from the date of announcement.
Where it is necessary to retain the recognition of a famous trademark upon the expiration of the validity period, the owner of the famous trademark shall apply to the local (city) county administrative department for industry and commerce for review 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 identifying famous trademarks.