Provisions On Identification And Protection Of Well-Known Trademarks (2)

When it considers that the cases belong to the above circumstances, the administrative departments for Industry and Commerce shall submit the materials of all cases to the administrative departments for Industry and Commerce of the provinces (autonomous regions and municipalities directly under the central government) within fifteen working days from the date of accepting the request of the parties concerned, and issue the notification of accepting cases to the parties concerned; the administrative departments for Industry and Commerce of the provinces (autonomous regions and municipalities directly under the central government) shall submit all the case materials to the Trademark Office within fifteen working days from the date of receiving the request of the parties concerned.

The provincial administrative department for Industry and Commerce considers that the case occurred in the above circumstances may also be submitted to the trademark office.

The case shall be dealt with in a timely manner in accordance with the relevant provisions of the trademark law and the implementing regulations.

The administrative departments for Industry and Commerce of the seventh provinces (autonomous regions and municipalities directly under the central government) shall examine the materials on the protection of well-known trademarks submitted by the municipal (and state) administrative departments for Industry and commerce within their jurisdiction.

If a case is considered to be in the first paragraph of article sixth of this provision, it shall be submitted to the Trademark Office within fifteen working days from the date of receipt of the case materials submitted by the municipal, local and state administrative departments for Industry and commerce.

If a person considers that the case does not fall within the first paragraph of article sixth of this provision, he shall return the relevant materials to the original case receiving organ and make timely treatment according to the relevant provisions of the trademark law and the implementing regulations.

The eighth Trademark Office shall, within six months from the date of receipt of the relevant materials, notify the administrative departments for Industry and Commerce of the provinces (autonomous regions and municipalities directly under the central government) where the results are notified, and send them to the administrative departments for Industry and Commerce of the provinces (autonomous regions and municipalities directly under the central government) where the parties are located.

Except for materials that are well-known for certification marks, the Trademark Office shall return other cases materials to the administrative departments for Industry and Commerce in provinces (autonomous regions and municipalities directly under the central government) where the case occurs.

If the ninth articles are not recognized as well-known trademarks, the parties concerned shall not re submit a confirmation request on the same trademark for the same facts and reasons within one year from the date of the confirmation.

Tenth trademark offices and Trademark Review and adjudication boards should take into consideration all the factors stipulated in article fourteenth of the trademark law when they identify well-known trademarks.

The eleventh trademark bureaus, the Trademark Review and Adjudication Board and the local administrative departments for Industry and commerce should consider the saliency and popularity of the trademark when they protect well-known trademarks.

When the twelfth parties request to protect their trademarks according to the thirteenth article of the trademark law, they can provide the record that the trademark has been protected by the relevant competent authorities in China as a well-known trademark.

If the case accepted by the company is basically the same as the case that has been protected as a well-known trademark, and the other party has no objection to the well-known trademark, or if there is any objection, but can not provide the evidence material that is not well-known, the administrative department for Industry and commerce that accepts the case may decide or handle the case according to the conclusion of the protection record.

If the case accepted by the company is different from the scope of protection that has been protected as a well-known trademark, or if the other party has an objection to the well-known trademark, and the evidence material that is not well-known, the trademark office or the Trademark Review and Adjudication Board shall re examine and identify the well-known trademark material.

If the thirteenth parties believe that others will register their well-known trademarks as an enterprise name, they may deceive the public or cause misunderstanding to the public, they may apply to the competent authorities of the enterprise name registration for cancellation of the name of the enterprise, and the registration authorities of the enterprise name shall be handled according to the regulations on the registration of enterprise names.

Fourteenth industrial and commercial administrative departments at all levels shall strengthen the protection of well known trademarks and pfer the cases suspected of counterfeiting trademarks to the relevant departments in a timely manner.

Fifteenth decisions on the protection of well-known trademarks shall be processed. The administrative departments for Industry and Commerce in the provinces (autonomous regions and municipalities directly under the central government) shall report to the trademark office.

Sixteenth industrial and commercial administrative departments at all levels should establish corresponding supervision mechanisms, formulate corresponding supervision and control measures, and strengthen supervision and inspection of the whole process of identifying well-known trademarks.

Those who participate in the identification of well-known trademarks, abuse their power, engage in malpractices for selfish ends, and seek illegitimate interests, shall be given administrative sanction in accordance with the law according to law. If a crime is constituted, they shall be investigated for criminal responsibility according to law.

The seventeenth provisions of this article come into effect on June 1, 2003.

The Interim Provisions on the recognition and administration of well-known trademarks promulgated by the State Administration for Industry and Commerce in August 14, 1996 shall be repealed simultaneously.