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Provisions On Identification And Protection Of Well-Known Trademarks (1)

2007/6/25 17:25:00 40519

According to the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) and the regulations on the implementation of the Trademark Law of the People's Republic of China (hereinafter referred to as the "Implementation Regulations"), these Provisions are formulated.

The second well-known trademarks in this Regulation refer to trademarks that are widely known and enjoyed high reputation in China for the relevant public.

The relevant public includes consumers who are related to certain commodities or services marked by trademarks, other producers who produce the commodities mentioned above or other providers who provide services, as well as sellers and related personnel involved in the distribution channels.

  第三條 以下材料可以作為證明商標馳名的證據(jù)材料:  (一)證明相關(guān)公眾對該商標知曉程度的有關(guān)材料; ?。ǘ┳C明該商標使用持續(xù)時間的有關(guān)材料,包括該商標使用、注冊的歷史和范圍的有關(guān)材料; ?。ㄈ┳C明該商標的任何宣傳工作的持續(xù)時間、程度和地理范圍的有關(guān)材料,包括廣告宣傳和促銷活動的方式、地域范圍、宣傳媒體的種類以及廣告投放量等有關(guān)材料; ?。ㄋ模┳C明該商標作為馳名商標受保護記錄的有關(guān)材料,包括該商標曾在中國或者其他國家和地區(qū)作為馳名商標受保護的有關(guān)材料; ?。ㄎ澹┳C明該商標馳名的其他證據(jù)材料,包括使用該商標的主要商品近三年的產(chǎn)量、銷售量、銷售收入、利稅、銷售區(qū)域等有關(guān)材料。

Fourth parties who believe that a trademark that has been preliminarily approved and announced by another party is contrary to the thirteenth provision of the trademark law, may raise objections to the trademark office according to the provisions of the trademark law and its implementing regulations, and submit relevant materials certifying the well-known trademarks.

If a party considers that a trademark registered by another party is contrary to the thirteenth provision of the trademark law, it may request the Trademark Review and Adjudication Board to revoke the registered trademark in accordance with the provisions of the trademark law and its implementing regulations, and submit relevant materials certifying the well-known trademarks.

Article fifth: in trademark management, the party considers that the trademark used by others belongs to the thirteenth provision of the trademark law. If a person requests to protect his well-known trademark, he may make a written request for prohibition of the use of the industrial and commercial administrative department at the city (prefecture or prefecture level) above the place where the case occurred, and submit relevant materials certifying the well-known trademark.

At the same time, it will report to the provincial administrative department for Industry and commerce at its location.

The sixth administrative departments of industry and commerce, after receiving the application for protection of well-known trademarks in trademark management, should examine whether the cases belong to the following conditions stipulated in the thirteenth article of the Trademark Law: (1) if others use the same or similar trademarks on the same or similar commodities without permission, the same or similar trademarks will be easily confused; others, if the others are using the same or similar trademarks as the well-known trademarks registered by the parties in the same or similar commodities, it is easy for the others to mislead the public, so that the interests of the registered trademarks of the well-known trademarks may be damaged. (two)

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