The application for registration of special signs can be handled directly or entrusted to others. Where an agent is entrusted, a power of attorney shall be submitted, and the power of attorney shall specify the content and authority of the agent. The period of validity of special signs is four years, counting from the date of registration approval. The owner of special signs may apply for an extension within 3 months before the expiration of the validity period, and the extension period shall be decided by the administrative department for industry and commerce of the State Council according to the actual situation and needs.
Related information: the State Council, People's Republic of China (PRC) issued the Regulations on the Administration of Special Signs, which will come into force as of the date of promulgation. The State Council Prime Minister Li Peng July 13th, 1996
Regulations on the administration of special signs
Chapter I General Principles
Article 1 These Regulations are formulated in order to strengthen the management of special signs, promote the development of culture, sports, scientific research and other social welfare activities, and protect the legitimate rights and interests of owners, users and consumers of special signs.
Article 2 The term "special signs" as mentioned in these Regulations refers to the names, abbreviations, emblems, mascots and other signs composed of characters and graphics used in national and international cultural, sports, scientific research and other social welfare activities approved by the State Council.
Article 3 Special signs approved and registered by the administrative department for industry and commerce of the State Council shall be protected by these regulations.
Article 4 A special sign consisting of words and graphics containing the following contents shall not be registered: (1) It is detrimental to the dignity or image of a country or an international organization; (two) harmful to good social customs and public order; (three) with ethnic discrimination, which is not conducive to national unity; (four) lack of meaning, not easy to identify; (5) Other contents prohibited by laws and administrative regulations.
Article 5 The funds raised by the owner of the special signs or by allowing others to use the special signs must be used for the social public welfare undertakings served by the special signs, and shall be subject to the supervision of the financial departments and auditing departments of the State Council.
Chapter II Registration of Special Signs
Article 6 Where the organizers or organizers of social welfare activities need to protect their names, emblems, mascots and other special signs, they shall apply to the administrative department for industry and commerce of the State Council for registration. The application for registration can be handled directly or entrusted to others.
Article 7 To apply for the registration of special signs, an Application Form for the Registration of Special Signs shall be filled in and the following documents shall be submitted: (1) the document of the State Council approving the holding of this social welfare activity; (2) Conditions and management measures for allowing others to use special signs; (3) 5 copies of special logo pattern, black and white ink 1 copy. The pattern should be clear and easy to paste, printed with bright and durable paper or replaced with photos, and the length and width should be no more than 10 cm and no less than 5cm；; (4) If an agent is entrusted, a power of attorney of the agent shall be attached, which shall specify the entrusted matters and authority; (five) other documents that should be submitted by the administrative department for Industry and Commerce of the State Council.
Article 8 After receiving the application, the administrative department for industry and commerce of the State Council shall handle it in accordance with the following provisions: (1) If the application documents are complete and correct, it shall issue a notice of acceptance of the application for registration of special signs within 15 days from the date of receiving the application, and register the relevant matters and drawings of special signs and the goods and services approved for use in the special signs register within 2 months from the date of issuing the notice, and issue a certificate of registration of special signs. After the special signs are approved and registered, they shall be announced by the administrative department for industry and commerce of the State Council. (2) If the application documents are incomplete or incorrect, a Notice of Correction of the Application for Registration of Special Signs shall be issued within 10 day from the date of receipt of the application, and the correction shall be limited to 15 day from the date of receipt of the notice; If it is not corrected or still does not meet the requirements after correction, it shall issue a notice rejecting the application for registration of special signs. (three) in violation of the provisions of Article 4 of these regulations, it shall issue a notice of rejecting the application for registration of special signs within 15 days from the date of receiving the application. If the applicant refuses to accept the notice of rejection, he may apply for reconsideration to the administrative department for industry and commerce of the State Council within 05 days from the date of receiving the notice of rejection. The notices listed in the preceding paragraph shall be served on the applicant or his agent by the administrative department for industry and commerce of the State Council. If it cannot be delivered directly for some reason, the delivery date shall be 20 days from the date of announcement or mailing by the State Council Administration for Industry and Commerce.
Article 9 The period of validity of special signs is four years, counting from the date of approval and registration. The owner of special signs may apply for an extension within 3 months before the expiration of the validity period, and the extension period shall be decided by the administrative department for industry and commerce of the State Council according to the actual situation and needs. Where the owner of special signs changes his address, he shall report to the State Council Administration for Industry and Commerce for the record within 1 month from the date of change.
Article 10 Under any of the following circumstances, any unit or individual may state the reasons and provide corresponding evidence to the the State Council Administration for Industry and Commerce from the date of announcement of the special symbol to the expiration of its validity period, and request to declare the registration of the special symbol invalid: (1) It is identical with or similar to the special symbol applied for earlier; (2) identical with or similar to the trademark or registered trademark that has been applied for registration; (3) identical with or similar to the patent for design that has been applied for or obtained according to law; (4) Infringing the copyright of others.
Article 11 The administrative department for industry and commerce of the State Council shall notify the respondent within 10 days from the date of receiving the application for invalid registration of special signs, and limit it to give a reply within 15 days from the date of receiving the notice. If the respondent refuses to reply without justifiable reasons or exceeds the time limit for reply, it shall be deemed as giving up the right of reply.
Twelfth the State Council City Administration for Industry and Commerce shall make a ruling within 3 months from the date of receiving the application for invalid registration of special signs, and notify the parties concerned; If a party refuses to accept the ruling, it may apply for reconsideration to the administrative department for industry and commerce of the State Council within 05 days from the date of receiving the notice.
Chapter III Use and Protection of Special Signs
Article 13 The owner of a special sign may use the sign in advertisements, souvenirs and other articles related to his public welfare activities, and may permit others to use the sign in commodities or services approved by the administrative department for industry and commerce of the State Council.
Fourteenth users of special signs should be enterprises, institutions, social organizations and individual industrial and commercial households established according to law. The user of special signs shall sign a written contract with the owner. Users of special signs shall, within 1 month from the date of signing the contract, submit a copy of the contract to the administrative department for industry and commerce of the State Council, and report it to the administrative department for industry and commerce of the people's government at or above the county level where the user is located for the record.
Fifteenth the owner or user of special signs has one of the following acts, the administrative department for Industry and Commerce of the people's government at or above the county level where the act is located shall order it to make corrections and may be fined up to 50 thousand yuan; If the circumstances are serious, the administrative department for industry and commerce of the people's government at or above the county level shall order the user to stop using the special sign, and the administrative department for industry and commerce of the State Council shall cancel the registration of the owner's special sign: (1) changing the text and graphics of the special sign without authorization; (two) to permit others to use special signs, without signing a contract, or the user fails to report to the administrative department for industry and commerce of the State Council within the prescribed time limit or fails to file with the administrative department for industry and commerce of the local people's government at or above the county level; (three) beyond the scope of goods or services approved and registered.
Article 16 In case of any of the following acts, the administrative department for industry and commerce of the people's government at or above the county level shall order the infringer to immediately stop the infringing act, confiscate the infringing goods, confiscate the illegal income and impose a fine of less than five times the illegal income. If there is no illegal income, a fine of 654.38+00000 yuan shall be imposed: (1) unauthorized use of words, graphics or their combinations that are the same as or similar to the owner's special signs; (2) manufacturing or selling special signs or using special signs for commercial activities without the permission of the owner; (three) other acts that cause economic losses to the owners of special signs.
Article 17 When the owner or user of a special sign finds that the ownership or right to use the special sign has been infringed, he may complain to the administrative department for industry and commerce of the people's government at or above the county level where the infringer is located or where the infringement occurred. You can also bring a lawsuit directly to the people's court. The administrative department for industry and commerce shall, at the request of the owner of the special sign, preside over the mediation of civil compensation for infringement when accepting the complaint of the infringement case of the special sign; If mediation fails, the owner of the special signs may bring a lawsuit to the people's court.
Article 18 When accepting cases of infringement of special signs, the administrative department for industry and commerce may exercise the following functions and powers when investigating and collecting evidence, and the parties concerned shall provide assistance and may not refuse: (1) Ask the parties concerned; (2) Examining articles related to infringement activities; (3) Investigating acts related to infringement activities; (4) consulting and copying business materials such as contracts and account books related to infringement activities.
Chapter IV Supplementary Provisions
Article 19 The charging standards for the application fee, announcement fee and registration fee for special signs shall be formulated by the finance department and price department of the State Council jointly with the administrative department for industry and commerce of the State Council.
Article 20 The format of relevant documents for applying for registration of special signs shall be formulated by the administrative department for industry and commerce of the State Council.
Article 21 The protection of names, emblems, mascots and other signs used by organizations that have been approved by the State Council to represent China in international cultural, sports and scientific research activities shall be implemented with reference to the provisions of these Regulations.
Article 22 These Regulations shall come into force as of the date of promulgation. The State Council promulgated 1996.