Measures for the Accreditation and Protection of Famous Trade Marks of Shandong Province were adopted by the 63rd Standing Conference of the Provincial Government on February 6, 2006 and are promulgated now and implemented as of April 1, 2006.
Governor: Han Yuqun
February 21, 2006

(From Shandong Zhengbao No.5 2006)

Measures for the Accreditation and Protection of Famous Trade Marks of Shandong Province

Article 1 These measures are formulated in accordance with Trade Marks Law of the People’s Republic of China for the purposes of regulating the Accreditation of famous trade marks, safeguarding the legitimate rights and interests of the owner, user and consumer of famous trade mark.

Article 2 Famous trade marks in terms of these measures refers to the trade marks enjoying high reputation within this provincial administrative district, known by corresponding public and approved in accordance with these measures.

Article 3 The accreditation and protection of famous trade marks apply to these measures.

Article 4 Provincial administration for industry and commerce is responsible for the accreditation and protection of famous trade marks. The industrial and commercial administrations of the cities and counties (cities, districts) with districts shall assist provincial administration for industry and commerce for the accreditation and protection of famous trade marks.
Other departments shall carry out corresponding work according to their own duties.

Article 5 Accreditation and Protection of famous trade marks shall abide by the principles of openness, fairness and volunteer application and special protection.

Article 6 Famous trade marks shall qualify following requirements:

(1) The mark is a domestic registered mark and the residence of the mark’s owner or the origin of the product the mark refers to is in the administrative district of this province;

(2) The mark has been used for three years in succession in accordance with law and no controversy on the owner’s right of the mark;

(3) The product the mark refers to is perfect in quality and after-sale service among similar products in this province and well known by corresponding public and have good reputation;

(4) The output, sales, tax amount and market share and other main economic data of the product the mark refers to hold the lead position among similar products in this province and have a wide market;

(5) The owner of the mark has not infringed upon others’ exclusive rights of mark registration in recent three years and has no any other serious illegal business activities;

(6) The owner and user of the mark have strict rules on using and managing the mark.

Article 7 Whoever applies for the accreditation of famous trade marks shall submit following materials:

(1) Application Form for the Accreditation of Famous Trade Marks;

(2) Copy of the main body qualification certificate of the applicant;

(3) Copy of Registration Card of the trade mark and its changes, renewal and assignment certificate;

(4) The information about the use, management and protection of the trade mark;

(5) The information about the infringements of exclusive rights of trade mark;

(6) Information about advertisement releasing for this trade mark or the products this trade mark refers to in recent three years;

(7) The output, sales, tax amount and market share and other main economic data of the product the trade mark refers to and the position in the province, the state and the same trade in recent three years provided by the competent industrial administration;

(8) Quality information of the product the trade mark refers to provided by relative administration;

(9) Business situation and market areas of the product the trade mark refers to;

(10) Other materials that prove the trade mark famous.

Article 8 An applicant may submit the application materials both to local administration for industry and commerce in the city with districts where the applicant locates and directly to the provincial administration for industry and commerce.

The administration for industry and commerce in the city with districts shall transfer the application materials to the provincial administration for industry and commerce within 10 days at receipt of the materials.

Article 9 Provincial administration for industry and commerce shall, in accordance with the provisions of Article 6 and 7 of these measures, make preliminarily examination and decision whether to handle it or not within 30 days at receipt of the application materials. To the application they decided to handle, it shall inform the applicant in writing. To the application they refuse to handle, it shall return the materials to the applicant and give reasons in writing why it will not handle the application.
If any materials need to be replenished, it shall inform in one time the applicant in writing to replenish them within time limit. Whoever fails to replenish the materials within the time limit shall be regarded as giving up the application.

Article 10 Provincial administration for industry and commerce shall, to the application to be handled, publish the announcement on the preliminary examination of famous trade mark through main media in this province. Any organization or individual may raise any objections within 30 days at the announcement of the preliminary examination.

Article 11 Provincial administration for industry and commerce shall examine and verify the truth and legitimacy of the application materials, put forward the examination comments in writing. During the examination, it shall seek for the opinions of relative competent industrial administrations, industrial associations and organizations for consumers’ rights and interests. If necessary, it may authorize relative organs to make corresponding investigation.

Relative competent industrial administrations, industrial associations and organizations for consumers’ rights and interests shall provide written comments strictly according to the fact.

Article 12 Provincial administration for industry and commerce is responsible for establishing famous trade mark accreditation commission. The accreditation commission shall be composed of no less than 30 experts in economy, law, science and corresponding industries, and reported to the provincial People’s Government for record. The chairman of the accreditation commission shall be the responsible person for provincial administration for industry and commerce.

Article 13 For every accreditation of famous trade mark, the provincial administration for industry and commerce shall, according to the category and characteristic of the product the trade mark refers to, choose more than 17 persons in singular from the accreditation commission to be composed of a famous trade mark accreditation group.

The accreditation group shall, according to the application materials for the famous trade mark, the examination and approval comments of the provincial administration for industry and commerce and the opinions of other parties, examine and accredit the application objectively and fairly.

Article 14 The accredited famous trade mark shall be voted by all members of the accreditation group in the form of secret ballot and approved by more than two thirds.

Any member in the accreditation group shall not entrust others to make the accreditation or vote for him.

Article 15 Any member of the accreditation commission and other staff taking part in the examination and accreditation of famous trade marks who has interested relationship or other relationship with the applicant that may affect fair examination and accreditation shall be evasive.

An applicant or the interested person may, when he thinks a member of the accreditation commission and other staffs taking part in the accreditation of famous trade marks need to be evasive, put forward his opinion to the provincial administration for industry and commerce either by oral or by writing.

The evasion of any member of the accreditation commission and the staff taking part in the evaluation and accreditation of famous trade marks shall be decided by the responsible person of the provincial administration for industry and commerce.

Article 16 As for the famous trade mark that passed the accreditation, the certificate of famous trade marks shall be issued by the provincial administration for industry and commerce, and an announcement shall be released through the main media in the province. To the one that is not accredited, the applicant should be informed in writing.
The product the famous trade mark refers to is regarded as well-known product.

Article 17 The owner and user of a famous trade mark must use the famous trade mark on the product approved in accordance with law and shall not expand the range of use.

The owner and user of a famous trade mark shall assure the quality of the product the famous trade mark refers to.
Article 18 A famous trade mark is valid for three years from the announcement day.

Three months before the expiration of the validity, the owner of a famous trade mark may make application for renewal to the provincial administration for industry and commerce. To the application meeting with the requirements of Article 6 of these measures, the provincial administration for industry and commerce shall confirm and announce it. Every renewal is valid for three years.

Article 19 The owner of famous trade mark shall, if there is any change of the register’s name, address or other registered items, or if others are allowed to use his famous trade mark in accordance with law, report to the provincial administration for industry and commerce for record within 30 days as of the day of changing the registration and signing the contract for approval of using the famous trade mark.

Whoever is allowed to use others’ famous trade mark according to law must indicate the name of the person who is allowed to use the famous trade mark and the origin of the product on the product which the famous trade mark is used. The owner of famous trade mark shall supervise the quality of the product which is used by the person who is allowed to use the famous trade mark.

Article 20 The owner or user of famous trade mark may, as of the announcement day, use the words “Famous Trade Mark in Shandong Province” on the product and its packing, decoration, user’s book, business letter, advertisement, exhibition and other business activities that are approved to be used.
Others shall not use the words “Famous Trade Mark in Shandong Province without accreditation according to law or without the approval of the owner of the famous trade mark according to law.

Article 21 In the products similar to the product the famous trade mark refers to, others shall not conduct following behaviours:

(1) Combine the words, figures, letters, numbers, three-dimensional symbol and color that are as same as or similar to the famous trade mark, and use the combination of above essential factors as the name, packing or decoration of the product, or as unregistered trade mark, and that may cause the misunderstanding of corresponding public.

(2) Use the name, packing or decoration that the product the famous trade mark refers to specifically has or similar to it, and may cause misunderstanding of corresponding public.

Article 22 The owner or user of famous trade mark may ask the administration for industry and commerce to stop the behaviour that combines the words, figures, letters, numbers, three-dimensional symbol and color as same as or similar to famous trade mark on the product that is different from or not similar to the product the famous trade mark refers to, and use the combination of above essential factors as the name, packing, decoration of a product or as unregistered trade mark, and may cause the corresponding public misunderstanding.

Article 23 If others use the words same as or similar to famous trade mark as the enterprise’s name and may cause injury to the rights and interests of famous trade mark, the administration for industry and commerce shall not register for them except for the names that was registered before.
Article 24 Where the right of famous trade mark is infringed, the owner or the user of the famous trade mark may ask the provincial administration for industry and commerce for help. The provincial administration of industry and commerce shall assist to solve it.

Article 25 The owner of the famous trade mark may transfer the trade mark according to law. The assignee shall, if the trade mark needs to be used as famous trade mark continuously after accepting the trade mark, apply again for the accreditation of it according to the provisions of these measures.

Article 26 The famous trade mark shall be cancelled and an announcement about it shall be made by the provincial administration for industry and commerce for any of following circumstances:

(1) Obtain famous trade mark by providing false documents or materials and other means of cheating;

(2) Within the period of validity of the famous trade mark, the quality and after-sale service of the product the famous trade mark refers to is bad, or the output, sales, tax amount, market share and other main economic data decrease seriously;

(3) Go beyond approved range of use without permission, and was ordered to make correction within time limit but refused to do so;

(4) Do not apply for renewal within the time limit, or do not meet with the requirements as stipulated in Article 6 of these measures after the application for renewal and examination were made;


(5) Other behaviours that seriously violate the management rules on use of trade mark.

To any owner or user of famous trade mark who is in the circumstance as prescribed in Section (1), the provincial administration for industry and commerce shall not accept and handle again his application for accreditation within three years as of the day of canceling the announcement.

Article 27 The provincial administration for industry and commerce shall not collect or collect in disguise any other charges from the applicant when organizing the examination and accreditation of famous trade mark except for collecting examination fee, announcement fee in accordance with rules.

The standard for the examination fee and announcement fee shall be set by the provincial administration for price together with financial department.
Article 28 Whoever violates these measures and has one of following behaviours shall be punished by the provincial administration for industry and commerce in accordance with following provisions:

(1) The owner of famous trade mark who does not register for record in accordance with rules after registering for change or signing a contract for using famous trade mark shall be given a warning and ordered to make correction within time limit. Whoever does not make any correction within time limit shall be fined less than 1,000 yuan.

(2) Without legal accreditation or the permission of the owner of the famous trade mark, any one who uses the words “Famous Trade Mark in Shandong Province” himself shall be ordered to make correction and the trade mark symbol shall be confiscated, and fined more than 5,000 yuan and less than 20,000 yuan in light of different circumstances;

(3) The owner or user of famous trade mark who expands the range approved for the product the famous trade mark refers to without approval shall be ordered to make correction and fined more than 10,000 yuan and less than 30,000 yuan in light of different circumstances;


(4) Whoever obtains famous trade mark by providing false documents, materials and other means of cheating shall be fined more than 1,000 yuan and less than 10,000 yuan in light of different circumstances, and the guidebook, packing, decoration and etc. that are made illegally shall be confiscated.
Article 29 Whoever violates these measures, infringes the exclusive rights of famous trade mark of the famous trade mark owner, or whose product symbol does not meet the requirements, or cheat the consumer by producing product in a rough and slipshod way, passing inferior stuff off as quality goods during the use of famous trade mark shall be punished by the administration for industry and commerce at the level higher than county or other relative department in accordance with the provisions of Trade Mark Law of the People’s Republic of China, Anti-Unfair Competition Law of the People’s Republic of China and other laws and regulations.


Article 30 If the administration for industry and commerce and its staffs are in one of following circumstances, the person in charge and other direct responsible persons shall be given administrative sanction in accordance with law. Whoever commits a crime shall be ascertained criminal liability:

(1) Violate legal procedures to organize examination and accreditation of famous trade mark;

(2) Do not perform duty for protecting famous trade mark;

(3) Collect charges from the applicant illegally;

(4) Abuse one’s power, practice favouritism and engage in irregularities and cause serious consequences.

Article 31 Any member of accreditation commission for famous trade mark, who resorts to deception, practices favouritism and engage in irregularities and cause the accreditation seriously untrue, shall be given administrative sanction by his unit or supervision organ in accordance with law, whose member qualification shall be cancelled by the provincial administration for industry and commerce.

Article 32 The standard for the accreditation of famous trade mark and the qualification, term of the members of accreditation commission and concrete accreditation procedures, rules and etc. shall be worked out by the provincial administration for industry and commerce together with relative authorities, published and implemented after reporting to and approved by the People’s Government.

Article 33 The provisions on the trade mark of the product in these measures apply to service trade mark, certification mark and collective mark.
Article 34 These measures shall come into effect as of April 1, 2006