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(Ⅰ) Main responsibilities
Supervise and manage registered trademark according to the law, investigate and handle the counterfeit and infringement of registered trademark, protect the private right of registered trademark.
(Ⅱ)Cognizance of the qualification for Zhejiang provincial famous trademark
1、Qualifications for applying for the cognizance of Zhejiang provincial famous trademark
①The trademark owner is enterprise, institution, social organization, small business of industry and commerce set up in Zhejiang according to the law;
②Practical operating life of the trademark is 3 years’ expiration from the day of approved registration;
③Referred commodities of the trademark have excellent and stable quality, good after-sale service, enjoy higher market reputation among commodities of the same kind and grade;
④Major economic indexes such as output, sales value, profit, market share of referred commodities of the trademark is leading in the same trade in Zhejiang;
⑤This trademark has higher cognizance degree among relevant public;
⑥The trademark owner takes strict measures to use, manage and protect trademark.
2、Transaction procedure
①Voluntary principle is implemented to apply for the cognizance of famous trademark. The trademark owner shall lodge application to local municipal (prefecture) administration for industry and commerce, obtain and fill in Application Form of Cognizance of Zhejiang Provincial Famous Trademark as well as offer relevant materials of the previous three years. The time for application is generally prior to September every year. It is reviewed once every year.
②Municipal (prefecture) administration for industry and commerce will make the decision of first review within 30 days from the day of receiving application form and materials. In case of conformance to cognizance qualifications, it will be recommended to provincial administration for industry and commerce after signing opinion. In case of dissidence with the decision of first review, you may lodge the application of review to provincial administration for industry and commerce within 15 days. Provincial administration for industry and commerce will make review decision within 30 days from the day of receiving application of review. Review decision of provincial administration for industry and commerce is final.
③After receiving application form and materials, provincial administration for industry and commerce will put forward examination opinion and submit it to assessment committee for review. Provincial administration for industry and commerce will give cognizance and announce the trademark with Zhejiang provincial trademark qualification determined by Zhejiang Provincial Famous Trademark Assessment Committee.
(Ⅲ) Administrative penalty
As for actions breaking the rules of trademark, industrial and commercial administrative authority shall give administrative penalty in terms of relevant laws, regulations and rules such asTrademark Law:
1、Without the consent of trademark registrant, use the trademark same to or similar to his registered trademark on the same kind of goods or similar goods;
2、Sell commodities infringing the private right of registered trademark;
3、Counterfeit and make bold to make the label of registered trademark of others or sell such kind of label of registered trademark;
4、Without the consent of trademark registrant, replace its registered trademark and put such commodities replaced trademark into the market;
5、Bring other damages to the private right of other’s registered trademark.
6、Use unregistered trademark and imitate registered trademark; Breaking the provision of Article Ⅹ of Trademark Law;
7、Use registered trademark or unregistered trademark. Their commodities are manufactured in a rough way, taking substandard products as fine products and cheating consumers.
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