(Promulgated by the Decree Promulgated on the  Decree of the People’s Government of Jiangsu Province (No. 157) on August 6, 1999; amended for the first time, according to the Decisions of People’s Government of Jiangsu Province on Amendment on Measures of Jiangsu Province on the Measures of Jiangsu Province on Determination and Protection of Well-known Trademarks which were discussed and adopted at the Seventy-ninth Executive Meeting of the People’s Government of Jiangsu Province on June 19, 2002, and promulgated throughon the Decreethe Decree of the People’s Government of Jiangsu Province (No. 193) on June 24, 2002, and entered into forceeffect on the date of release; amended for the second time according to the Decisions of the People’s Government of Jiangsu Province on Amendment of 21 Rules such as the Measures of Administration of Tobacco Monopoly which were discussed and adopted at the Fifty-ninth Executive Meeting of the People’s Government of Jiangsu Province on January 4, 2011 and promulgated by the Decree of the People’s Government of Jiangsu Province (No. 68 Decree) on January 7, 2011, and entered into forceeffect on the date of release.)
　　Article 1 The present Measures are formulated in accordance with the Trademark Law of the People’s Republic of China, the Rules on Implementing Rules of the Trademark Law of the People’s Republic of China, and other relevant laws and regulations, in light of the specific situation of this Province, and for the purpose of regulating the determination of well-known trademarks in Jiangsu Province, protecting the legal rights of well-known trademark holders in Jiangsu Province, enhancing the reputation and market competitiveness of products in this Province and promoting economic development.
　　Article 2 The “well-known trademarks”s in Jiangsu Province herein refer toas mentioned in these Measures are registered trademarks which are widely known by the relevant public and highly reputable in enjoy a high reputation in the market, well-known to relevant public and determined by the Pprovincial aadministrative ddepartments of iindustry and ccommerce according to these MeasuresMeasures.
　　The well-known trademarks in Jiangsu Province shall be limited to registered trademarks which have been determined and to commodities on which the use of a trademark has been approved.
　　Article 3 These Measures shall be applicable to determination and protection of well-known trademarks in Jiangsu Province.
　　The provisions of these Measures relating to commodity trademarks shall be applicable to the service trademarks.
　　Article 4 The Pprovincial aadministrative ddepartments of iindustry and ccommerce shall be responsible for the determination and administration of well-known trademarks in Jiangsu Province.
　　No other organization orand inPidual is allowed to determine or take other measures in measures disguised forms to determine in disguised forms well-known trademarks in Jiangsu Province.
　　Article 5 The determination of well-known trademarks in Jiangsu Province shall be implemented on the principle of fairness, justice and openness.
　　Article 6 The determination of well-known trademarks in Jiangsu Province shall be applied for voluntarily by the registrant of the trademark.
　　The aApplications for the determination of well-known trademarks in Jiangsu Province shall meet the following requirementsconditions:
　　(1) The trademark is a domestically registered trademark and the domicile of the registrant of the trademark is within the province;
　　(2) The market coverage and market share of commodities which use the trademark shall take a leading role in the same industry in this Province;
　　(3) The trademark has taken a leading role in the same industry in this Province as a major economic indicatorMajor economic index, such as sales volume, interest tax or foreign exchange earned through export of the commodities using this trademark in recent the past three years., take a leading role in the same industry in this province;
　　(4) The trademark enjoys a relatively high popularity with the relevant public and could may make efforts to advertisement campaign efforts for this trademark;
　　(5) Trademarks of The export commodity trademarksies shall shall be registered in major targeted countries (regions). The sales of the commodity using this trademark shall beis relatively large and extend widespreadwide areas;
　　(6) The quality of the commodities which use the trademark meet international standards or advanced standards at home and abroad, with clear ways of repair, exchange or refund and a low rate of consumer complaint;
　　(7) There shall be no act which has will infringed on another person"s right to exclusive use of a registered trademark. There shall be a strong self-protection awareness of trademarks and a strict managing system for trademark usage; and
　　(8) There shall be no act in violation of trademark laws, regulations and rules.
　　Article 7 If the trademark registrant holds that the registered trademark conforms to the conditions listed on the second provision paragraph of Article 6 of these ProvisionsMeasures, he may file an application to the Provincial aadministrative ddepartment of iindustry and ccommerce through the aadministrative ddepartment of iindustry and ccommerce of a city (Pided into districts )or a county’adic where the registration takes place.
　　Article 8 When applying for the identification determination of well-known trademarks in Jiangsu Province, the Application Form for the Identification Determination of Well-known Trademarks in Jiangsu Province shall be filled and relevant certifying materials shall be provided according to the requirements prescribed in the second provisions paragraph of Aarticle 6 of these MeasuresMeasures. The certifying materials must be genuine and reliable and marked with its source.
　　Article 9 The aadministrative ddepartment of iindustry and ccommerce of a ccity (Pided into dwith districts) or a ccounty shall submit the application and the relevant materials to the Provincial aadministrative ddepartment of iindustry and ccommerce (The aadministrative ddepartment of iindustry and ccommerce of a ccounty shall submit them via the aadministrative ddepartment of iindustry and ccommerce of the ccity with (Pided into districts)d) within fifteen days upon receiving the certifying materials. The Provincial aadministrative ddepartment of iindustry and ccommerce shall examine relevant materials within thirty days and accept them if the requirements are met; if the requirements are not met, the application and certifying materials shall be sent back with explanation of reasons. Whether they are accepted or not, a written reply shall be given to applicants.
　　If applications and materials are basically complete but need supplements or corrections, the Provincial aadministrative ddepartment of iindustry and ccommerce shall notify the applicant to provide supplements or correct the specified content within a prescribed time limit.. If supplements or corrections are not made withinbeyond the time limit, the application materials will be sent back.
　　Article 10 After accepting applications, the Provincial aadministrative ddepartment of iindustry and ccommerce shall, according to the requirements in the second paragraph of Aarticle 6 of these MeasuresMeasures, carry out investigation and proofverification, consult relevant regions, departments, industrial associations or social groups for advice, and decide within three months whether to give a identificationdetermination or not within three months. In some special circumstances, the time limit can be extended for another month.
　　Article 11 Where the requirements for the well-known trademarks in Jiangsu Province are met, an identification determination will be made and the Certificate for Well-known Trademarks in Jiangsu Province will be issued by the Pprovincial aadministrative ddepartment of iindustry and ccommerce and announced; where the requirements are not met, a determinationm identification will not be made, and a written notification will be sent to the applicant with the explanation of reasons.
　　Article 12 The holder of well-known trademarks in Jiangsu Province could use the words of "“well-known trademark in Jiangsu Province" ”in verified commodities, commodity packages, decoration, instruction, documentation of business transactions and its use for publicity by through advertisements, on displays or in other business activities, and shall at the same time mark the period of validity at the same time.
　　Article 13 Once the a well-known trademark in Jiangsu Province is identified, the right to exclusive use will enjoy include the following protections within this Province:
　　(1) Since the date when the well-known trademark is announced, if someone others uses words identical with or similar to this well-known trademark as the name of their enterprise to produce the same kind of, or similar products, and may cause public misidentification, the aadministrative ddepartment of iindustry and ccommerce shall not approve registration.
　　(2) No unit and nor inPidual is allowed to use the special name, package and or decoration of the commodities identified as well-known trademarks in Jiangsu Province or its similar name, package orand decoration to cause confusion and purchasers"’ misidentification without authorization.
　　(3) No unit norand inPidual is allowed to vilify and demean well-known trademarks in Jiangsu Province.
　　(4) Oother protective measures prescribed by laws, regulations and rules.
　　Article 14 The period of validity of well-known trademarks in Jiangsu Province is three years from the date of the announcement. The holder of this well-known trademark shall reapply for determination three months before expiry of the time limit.
　　Article 15 The holder and user of well-known trademarks in Jiangsu Province will carry out the following obligations:
　　(1) Well-known trademarks in Jiangsu Province maycan only be used on the approved goods determined foras well-known trademarks in Jiangsu Province, and the scope of usage cannot be extended;
　　(2) Reinforcing internal management and self-protection of trademarks, improving product or service quality, safeguarding the reputation of well-known trademarks;
　　(3) When the holder of well-known trademarks in Jiangsu Province allows others to use the trademark, he shall go through the procedures to permit usage according to law, and at the same time, report it to the Pprovincial aadministrative ddepartment of iindustry and ccommerce for record at the same;
　　(4) When the holder of well-known trademarks in Jiangsu Province changes the registrant, address or other items of registration, the change shall be reported to the Pprovincial aadministrative ddepartment of iindustry and ccommerce for record within thirty days from the day of approval for the change;
　　(5) When the holder of well-known trademarks in Jiangsu Province assigns the trademark, according to law, the assignee shall reapply for the determination of well-known trademarks in Jiangsu Province according to the provisions in these Measures; and
　　(6) Oother obligations prescribed in laws, regulations and rules.
　　Article 16 The Pprovincial aadministrative ddepartment of iindustry and ccommerce shall revoke the qualification of well-known trademarks in Jiangsu Province and make an announcement if one any of the following acts is committed:commits one of the following acts:
　　(1) oObtaining the well-known trademark in Jiangsu Province by deception such as providing fake certifying materials;
　　(2) Pproviding impure, fake, inferior or unqualified products and ruining consumers" ’or users"’ interests;
　　(3) infringInfringementing on other"’s right of exclusive use;
　　(4) in Vviolations of the second, third and fifth paragraphs of Aarticle 16 of these measures Measures, and the case is and in seriouss; or
　　(5) Oother acts in violation of laws, regulations and rules, seriously damaging the reputation of well-known trademark of Jiangsu Province.
　　If one commits any of the above listed acts is committedlisted above, any unit or inPidual may advisece the Pprovincial aadministrative ddepartment of iindustry and ccommerce to revoke its well-known trademark.
　　Article 17 In the case of infringement on the right of exclusive use of well-known trademark in Jiangsu Province, the aadministrative ddepartment of iindustry and ccommerce could may take legal measures to stop the infringement activities according to laws, confiscate and destroy infringing commodities, and tools used to manufacture infringing commodities, and to counterfeit the the logos of registered trademark, and on the merits of the case, impose a fine of not less than 50% but not more than three times of the sum of illegal business transactions. In regard to the person directly responsible for person of the unit that has infringed on the right to exclusive use of a well-known trademark, it may impose a fine of not less than RMB 5,000 yuan but not more than RMB 10,000 yuan on the merits of each case; if their acts constitute a crime, they shall be investigated for criminal liability according to law.
　　Article 18 In vViolations of the second provision paragraph of Aarticle 13 of these MeasuresMeasures, shall be punishable by the aadministrative ddepartment of iindustry and ccommerce shall give punishment according to the relevant provisions in the Law of the People"s Republic of China Against Unfair Competition; for any acts in ；in violations of the third lineprovision of Aarticle 13 of these provisionse measures, the administrative department of industry and commerce shall order the administrative department of industry and commerce shall order to stop the illegal acts and could may impose a fine of not less than RMB 200 yuan but not more than RMB 1000 yuan; if there is a business act, a fine of not less than RMB 500 yuan but not more than RMB 5000 yuan could may be imposed.
　　In cases without the approval of the Pprovincial aadministrative ddepartment of iindustry and ccommerce, anyone pretends its trademark is aas well-known trademark in Jiangsu Province, or in in violations of the first paragraph of Aarticle 16, extends its usage scope, the aadministrative ddepartment of iindustry and ccommerce shall order him to stop the illegal acts, and maycould impose a fine of not less than RMB 1000 yuan but not more than RMB 10000 yuan; if there is illegal income, a fine of not less than RMB 5000 yuan but not more than RMB 30000 yuan maycould be imposed.
　　If the trademark-printing unit convenience facilitates the illegal acts listed in the second paragraph of this AarticleMeasures, a fine shall be imposed according to the provisions of the second paragraph of this Aarticle.
　　Article 19 When the aadministrative ddepartment of iindustry and ccommerce imposes a fine according to these MeasuresMeasures, it shall use the uniformed receipt of fine produced by the Pprovincial ffinancial ddepartment and the fine shall be turned over to the State Treasury.
　　Article 20 An administrative sanction shall be given to sIn case staff members of the administrative ddepartment of iindustry and ccommerce and other relevant staff who abuse their authority and practice favoritism in the work of determination and protection of well-known trademarks in Jiangsu Province, an administrative sanction shall be given; if their acts constitute a crime, they shall be investigated for criminal liability according to law.
　　Article 21 These Measure Measures shall enter into effect as on the date of their promulgationissue.