Measures for the identification and protection of well-known brands of enterprises in Xuzhou City

Article 1 In order to protect the intellectual property rights of enterprises, standardize the identification, use and management of well-known brand names of enterprises, encourage enterprises to use original brand names, and safeguard the legitimate rights and interests of enterprises, these Measures are formulated in accordance with the Anti-Unfair Competition Law of People's Republic of China (PRC), the Provisions on the Administration of Enterprise Name Registration and other laws and regulations, combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the identification, use, management and protection of well-known brands of enterprises within the administrative area of this Municipality.

The term "well-known brand names of enterprises" as mentioned in these Measures refers to the brand names of enterprises that have been approved and registered by the administrative departments for industry and commerce at the city and county levels according to law, enjoy high commercial reputation, are well known to the relevant public, and are significantly different from the symbolic words of other enterprises, and are recognized in accordance with these Measures. Article 3 Xuzhou Administration for Industry and Commerce is the competent department in charge of the identification of well-known enterprise names, and is responsible for the identification, use, management and protection of well-known enterprise names.

The relevant administrative departments shall, in accordance with their respective responsibilities, do a good job in cultivating and protecting well-known brands of enterprises. Article 4 Relevant industry organizations shall guide enterprises to be self-disciplined, self-disciplined and self-managed, and promote enterprises to use original brands and innovate independent brands. Article 5 The identification of well-known brands of enterprises shall respect history, follow the principles of voluntariness, openness, fairness and impartiality, and shall not charge fees or accept enterprise funding. Article 6 An application for a well-known brand of an enterprise shall meet the following conditions:

(1) Enterprises registered in this Municipality;

(2) The enterprise name has been continuously used for more than three years;

(three) the name of the enterprise is standardized, which is well known to the relevant public and has high market visibility and credibility;

(four) sales (business), tax and market share and other major economic indicators in the past three years in the forefront of the same industry in this city;

(five) a sound management system, no quality accidents for three consecutive years;

(6) The after-sales service is imperfect and the effective complaint rate is low;

(seven) the enterprise operates according to law and has good performance, and has no serious illegal and untrustworthy behavior for three consecutive years. Article 7 In any of the following circumstances, it shall not be recognized as a well-known brand of an enterprise:

(1) Ordinary place names, names of administrative divisions or their abbreviations or common names;

(2) Names of rivers, lakes, mountains and rivers, places of interest, endemic areas or animals and plants;

(3) Words identical with or similar to other people's well-known trademarks, well-known trademarks, well-known trademarks, well-known shop names and well-known shop names;

(4) People with general or public welfare characteristics;

(five) other circumstances in violation of national laws, regulations and rules.

Except for font names which are formed due to historical reasons and are well known to the public in actual use as stipulated in Items (1), (2) and (4) of the preceding paragraph. Article 8 The following materials shall be submitted when applying for the recognition of a well-known brand of an enterprise:

(a) an application for the identification of well-known brands of enterprises;

(2) Relevant certificates of the starting time when the enterprise registration authority approved the use of the enterprise name (the notice of pre-approval of the name or a copy of the enterprise name registration certificate for the initial use of the name);

(3) A copy of the business license stamped with the official seal of the enterprise;

(4) An audit report issued by an accounting firm reflecting the business income, total profit, total tax payment and net profit of the enterprise in the past three years;

(five) the basic situation of the enterprise and the relevant materials for the enterprise to obtain honorary titles or awards at or above the municipal level;

(six) the explanation or proof of the ranking of the main economic indicators of enterprises in the same industry in the city in the past three years issued by the competent departments, industry associations or other relevant authoritative departments and institutions at or above the municipal level;

(seven) product quality (service) management system certification or enterprise name management system;

(eight) the certificate issued by the local consumer association that consumers have complained about the quality of goods (services) in the past three years;

(9) Other relevant materials. Article 9 For group-type or parent-subsidiary enterprises, if the enterprise names use the same font size, the core enterprise or parent company of the group shall be the applicant for the recognition of the well-known font size of the enterprise. After confirmation, the core enterprise or parent company of the group shall be the owner of the well-known brand name of the enterprise. Tenth well-known brands of enterprises are identified according to the following procedures:

(1) The enterprise submits a written application to the registration authority to identify a well-known brand;

(two) the registration authority shall examine the materials submitted by the enterprise, and submit them to Xuzhou Administration for Industry and Commerce if the county-level registration authority considers them to be in conformity with the provisions of these measures;

(3) Xuzhou Administration for Industry and Commerce shall examine the application materials and solicit opinions from relevant administrative departments, trade associations, experts and scholars;

(4) If it meets the requirements after examination, the administrative department for industry and commerce of Xuzhou Municipality will issue a consultation announcement. Within three months after the announcement, if there is no objection or the objection is not established, a confirmation announcement will be issued and a certificate of "Xuzhou Enterprise Famous Brand Product" will be issued. Article 11 The term of validity of a well-known trademark of an enterprise is three years, counting from the date of the announcement of recognition. Three months before the expiration of the validity period, the owner of a well-known brand name may re-apply for recognition. If the recognition is passed, the certificate of "Xuzhou Enterprise Famous Brand Name" will be re-issued. Twelfth Xuzhou City Administration for Industry and Commerce shall establish a database of well-known enterprise names, and input the relevant information of well-known enterprise names.