馳名商標(biāo)認(rèn)定和保護(hù)規(guī)定

1、.Decree of the State Administration for Industry and Commerce of the People's Republic of China No.5  The Provisions for Identification and Protection of Well-Known Trademarks, adopted at executive meeting of the State Administration for Industry and Commerce, is hereby promulgate

2、d, and shall enter into force as of June 1, 2003. General Director of the State Administration for Industry and Commerce: Wang ZhongfuApril 17, 2003 Article 1 The present Provisions are formulated in accordance with the Trademark Law of the People's Republic of China (hereinafter referred t

3、o as the Trademark Law) and the Rules on Implementing the Trademark Law of the People's 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

4、 in China.The "relevant public" includes the consumers related 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

5、3 The following materials may be used as the certification materials of a well-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

6、 involving the history and scope of the use and registration of the trademark; 3. relevant 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 th

7、e launched advertisements; 4. Relevant materials that can indicate that this trademark has been 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 material

8、s that can indicate the trademark is famous, including the materials regarding the recent 3 years of output, 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 examin

9、ation and approval and publicly announced, is thought to be in violation of Article 13 of the Trademark Law, the 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 material

10、s that can prove the trademark as famous.Where a registered trademark is thought to be in violation of Article 13, 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 mat

11、erials that can prove the trademark as famous. Article 5 In the management of trademarks, where a trademark used 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 d

12、epartment at the city (prefecture, region) level of the place where case has occurred, pleading it to ban such use, and 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 locat

13、ed. Article 6 Having received an application for the protection of a famous trademark in the administration of marks, the 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:&#

14、160;1. Where a well-known trademark that hasn't been registered in China is used on identical or similar commodities of others without 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 u

15、sed on the different or dissimilar commodities without permission, and it is likely to mislead the public and to cause damages to the interests of the registrant of the well-know trademark.In any of the above-mentioned circumstances, the administrative department at the city (prefecture, region) lev

16、el shall submit the complete set of materials of this case to the administrative department of this province (autonomous region, municipality 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 involve

17、d. Within 15 days as of the acceptance of the application, the administrative department of this province (autonomous region, municipality directly 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-mentio

18、ned circumstances shall be timely resolved in accordance with the Trademark Law and the Implementing Rules. Article 7 The administrative department of the province (autonomous region, municipality directly under the Central Government) shall examine the materials involving well-known trademark

19、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 departme

20、nt for industry and commerce at the city (prefecture, region) level shall be submitted to the trademark office within 15 days as of the acceptance of these materials.For a case not falling within the circumstance as listed in the first paragraph of Article 6 of the present Provisions, the relevant m

21、aterials shall be returned to the original acceptance organ, and the case shall be timely resolved in accordance with the Trademark Law and the Implementing Rules. Article 8 The trademark office shall make a decision about the relevant materials of a case, shall inform the administrative depart

22、ment of the province (autonomous region, municipality directly under the Central Government) where this case occurred of the decision, and send a copy of the decision to the administrative department of the province (autonomous region, municipality directly under the Central Government) where the in

23、volving parties are located.Except for the materials for proving the trademark famous, the trademark office shall return the other materials to the administrative department of the province (autonomous region, municipality directly under the Central Government) where the case occurred. Article

24、9 For a trademark that has not been identified as famous, the applicant shall not file another application for the same trademark on the basis of the same facts and reasons within one year as of the decision is made. Article 10 When determining whether a trademark is famous or not, the trademar

25、k office and the Trademark Review and Adjudication Board shall take account of all the factors listed by Article 14 of the Trademark Law, but it shall not set a precondition - to require the trademark to satisfy all the factors - for the trademark Article 11 When protecting a well-known tradema

26、rk, the trademark office, Trademark Review and Adjudication Board and local administrative department of industry and commerce shall take the distinction and level of fame of the trademark into consideration. Article 12 Where an applicant requests to protect its trademark in accordance with Art

27、icle 13 of the Trademark law, it may offer records that this trademark has ever been protected as a famous one by the administrative organ of our country.If the protection scope of the case upon acceptance is almost the same as that of the case in which the trademark has already been protected as a

28、famous trademark, and both parties to the case raise no objection to the point that the trademark is famous, or the opposing party raise an objection, but fails it to offer evidential materials to prove that this trademark is not famous, the administrative department of industry and commerce that ac

29、cepts this case shall make a ruling on or solve the case on the basis of the conclusion of the protected records.If the protection scope of the case upon acceptance differs from that of the case in which the trademark has already been protected as a famous trademark, the opposing party raises an obj

30、ection to the point that the trademark is famous and offers evidential materials to prove that this trademark is not famous, therefore the materials related to the famous trademark shall be re-examined and identified by the trademark office and the Trademark Review and Adjudication Board. Artic

31、le 13 If a party concerned holds that its famous trademark which has been registered as an enterprise name by others may cheat or mislead the public, it may apply to the administrative organ of enterprise name registration for canceling the registration of this enterprise name. The administrative or

32、gan of enterprise name registration shall deal with such a case in accordance with the Administrative Provisions of Enterprise Name Registration. Article 14 The administrative departments of industry and commerce of all levels shall strengthen the protection of famous trademarks, and shall tran

33、sfer the suspected cases of crimes of counterfeit trademark to the relevant departments in time. Article 15 The administrative department of industry and commerce of the province (autonomous region, municipality directly under the Central Government) where the organ which made the decision is located shall send a copy of the decision made to protect the famous trademark.