|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
Article 1. For the purposes of strengthening the administration of the Printing and Production of trademarks, protecting the exclusive use right of registered trademarks and maintaining the socialist economic order, these Measures are formulated to implement the Trademark Law of the People's Republic of China and, the Regulation on the Implementation of the Trademark Law of the People's Republic of China (hereinafter referred to the Trademark Law and the Regulation on the Implementation of the Trademark Law). Article 2. Anyone, who prints and produces trademarks by printing, printing and dying, plate making, seal engraving, character weaving, sun eroding, iron printing, casting, pressing, gilding, appliqueying, etc., shall abide by the present Measures. Article 3. Where an entrusting party authorizes a trademarks printing and production entity to print and produce trademarks, it shall show the duplicate of its business license or certification of lawful business operations or certification of identity. Article 4. Where an entrusting party entrusts a trademark printing and production entity to print and produce registered trademarks, it shall show the Trademark Registration Certificate or a photocopy of the Trademark Registration Certificate with the seal of the administrative for industry and commerce of the county level of the registration place, and shall provide an additional photocopy. Where a trademark use permission contract is signed for using a registered trademark of another party, if the permitted party needs to print and produce trademarks, it shall show the original trademark use permission contract and provide a photocopy. Where a trademark registrant separately authorizes the permitted party to print and produce trademarks, it shall not only show the photocopy of the Trademark Registration Certificate with the seal of the administration for industry and commerce of the prefecture or county level of the place where the registrant is located, but also the authorization as well as a photocopy thereof. Article 5. When an entrusting party entrusts an entity to print and produce a registered trademark signs, it shall provide the entrusted party with relevant certification documents and trademark pattern that meet the following requirements: (1) The printed sample trademark pattern shall be identical with the one on the Trademark Registration Certificate; (2) Where the permitted party prints and produces trademark signs, it shall have definite authorization, or the Trademark Use Permission Contract shall specify that it is allowed to print the trademark signs by the permitting party; and (3) The sample trademark sign of the permitted party shall state the enterprise name and address of the permitted party; the use of the registered sign shall meet the pertinent provisions on the Regulation on the Implementation of Trademark Law. Article 6. When an entrusting party entrusts an entity to print and produce a non-registered trademark, it shall provide the entrusted party with a sample trademark pattern that meet the following requirements: (1) The printed trademarks shall not violate Article 10 of the Trademark Law; and (2) The printed trademarks shall not contain words "registered trademark", nor may they use the registration mark. Article 7. The trademark printing and production entity shall verify the certification documents and sample trademark pattern provided by the entrusting party of trademark printing and production. If the entrusting party of trademark printing and production fails to provide the certification documents stipulated in Articles 3 and 4 of the present Measures, or the trademark sign it requests to print and produce doesn't meet the provisions of Articles 5 and 6 of the present Measures, the trademark printing and production entity shall not undertake the trademark printing and production business. Article 8. Where a trademark printing and production entity undertakes trademark printing and production business that meets the requirements of the present Measures, the trademark printing and production manager shall fill out the Trademark Printing and Production Business Register Form under relevant requirements, state the main content of the certification documents provided by the entrusting party of trademark printing and production. The trademark pattern in the Trademark Printing and Production Business Register Form shall be affixed with a cross-page seal by the person-in-charge of the business of trademark printing and production entity. After the printing and production of trademark signs is completed, the trademark printing and production entity shall, within 15 days, fetch samples of trademark signs, and register them and keep them as archives, accompanying the Trademark Printing and Production Business Register Form, photocopy of the Trademark Registration Certificate, photocopy of the trademark use permission contract, photocopy trademark printing and production authorization. Article 9. A trademark printing and production entity shall establish a system for ins and outs of trademark signs, shall establish a register account for the ins and outs of trademark signs. All the discarded and inferior signs shall be destroyed, which shall not flow into the society. Article 10. The trademark printing and production archives and the account of ins and outs of trademark signs shall be preserved for inquiry. The preservation period for inquiry shall be two years. Article 11. Where a trademark printing and production entity violates Articles 7 through 10 of the present Measures, the local administration for industry and commerce shall order it to get right within a time limit, give it a warning in light of the actual circumstance and impose on it a fine of 3 times of the illegal gains or less, but which shall not exceed 30,000 yuan. If there's no illegal gain, it may impose on it a fine of 10,000 yuan or less. Article 12. Anyone, who establishes a trademark printing enterprise without approval or carries out trademark printing business activities, shall be punished by the administration for industry and commerce of the locality or of the place of act under the Administrative Regulation on Printing Industry. Article 13. Where a trademark printing entity undertakes printing business by violating Article 7, and the trademark printed by it is identical or approximately similar to a registered trademark of another party, such act belongs to the trademark infringement act mentioned in Article 50 (2) of the Rules for the Implementation of Trademark Law. This trademark printing entity shall be punished according to the pertinent provisions of the Trademark Law by the administration for industry and commerce of the locality or of the place of act. Article 14. Where the illegal act of a trademark printing and production entity constitutes any crime, the administration for industry and commerce of the locality or of the place of act shall timely transfer the case to the judicial organ for investigation and fixing criminal liabilities to the trademark printing and production entity. Article 15. The term "the printing and production of trademarks" mentioned in the present Measures refers to the act of printing and producing trademarks. The "trademark signs" mentioned in the present Measures refers to the tangible carriers that flow into the circulation sphere together with the commodities, including signs of registered trademarks and non-registered trademarks. The "entrusting party of trademark printing and production" mentioned in the present Measures refers to a trademark registrant of a registered trademark, a user of a non-registered trademark, a party permitted to use a registered trademark or any other trademark user that meets the requirements stipulated in the Trademark Law who requests to print and product trademark signs. The "trademark printing and production entity" mentioned in the present Measures refers to the enterprises and individual industrial and commercial households lawfully registered for engaging in trademark printing and production business. The "Trademark Registration Certificate" mentioned in the present Measures include the certification documents issued by the State Administration for industry and commerce regarding relevant matters such as modification, extension and transfer. Article 16. The present Measures shall come into effect as of September 1, 2004. The Administrative Measures for the Printing and Production of Trademarks issued by the State Administration for Industry and Commerce shall be simultaneously abolished. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|