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    released July 13, 1996, promulgated by Decree No. 202

    Chapter I General provisions

    first in order to strengthen the administration of special signs, promoting cultural, sport, scientific research and the development of other social welfare activities, protect the legitimate rights and interests of owners, users and consumers of special signs, this Ordinance is enacted.

    special signs referred to in article II of this Ordinance, refers to the approval of the State Council held a national and international cultural, sports, scientific research and other social welfare activities, made up of text, graphics, names and abbreviations, emblem, mascot and other signs.

    article, the State Council administration for industry and Commerce approved the registration of special signs protected under these regulations.

    fourth section contains the following text, graphics, composed of special signs shall not be registered:

    (a) detrimental to the dignity of the State or international organization, or an image;

    (ii) is harmful to society the good customs and public order;

     (C) with ethnic discriminatory, is not conducive to national unity;

    (iv) lack of significant and not easy to identify;

    (v) other contents prohibited by laws and administrative regulations.

    fifth special flags all use, or allow others to use the funds raised by special signs, sign must be used for special services of social welfare undertakings, and accept supervision by the financial Department of the State Council, the Audit Department.

    Chapter two special flags register

    sixth organised social welfare activities of the organizer or promoter of the use of name, emblem, mascot and other special symbols, in need of protection, and shall apply to the registration of industrial and commercial administration departments of the State Council. Registration can be handled directly, or may appoint another agent.

    seventh application for registration of special signs shall fill in the application for registration of special signs and submit the following documents:

    (a) the approval of the State Council held the public file;

    (b) permit the use of the distinctive emblems of the conditions and management practices;

  &Nbsp;  (c) drawings of special signs 5, black and white sketch 1. Drawings should be clear, easy to paste, with a smooth and durable paper or use photos instead, length and width of not more than 10 cm, not less than 5 cm;

    (d) agent is entrusted, shall be attached to the agent Commission, specify the matters entrusted and the permissions

    (v) industrial and commercial administrative departments under the State Council shall submit the additional documents.

    eighth after the industrial and commercial administrative departments under the State Council receives the application, in accordance with the following provisions:

    (a) consistent with the provisions of this Ordinance relating to application file is complete and correct, from the date of receipt of the application within 15th send requests for registration of special signs acceptance notice, and within 2 months from the date of notification, a special flag-related matters and Patterns and to approve the use of goods and services, registered in the register of special signs, issue the certificate of registration of special signs.

    special flag after it has been approved and registered, shall be formulated by the Administrative Department for industry and Commerce announced.

    (b) the application documents are not complete or incorrect, from the date of receipt of the application within the 10th issued notice of correction requests for registration of special signs and limit the date of receipt of the notification be supplemented within 15th; expiration does not supplement or correction is still not in conformity with the provisions and issue application rejection notice for registration of special signs.

    (c) violation of the provisions of this article fourth, issued from the date of receipt of the application within the 15th application rejection notice for registration of special signs. Applicants not satisfied with the rejected notice, from the date of receipt of the rejected in the 15th, administration for industry and commerce under the State Council for reconsideration.

    notice in the preceding paragraph shall be formulated by the Administrative Department for industry and commerce on the applicant or his agent. Could not be delivered directly, with the State administration for industry and Commerce bulletin or the 20th as of the date of mailing service.

    Nineth special flags are valid for 4 years. Since the date of registration. Special signs for all extension request within 3 months prior to the expiration, extension period decided by the administrative departments for industry and commerce under the State Council according to the actual situation and needs. Special sign all change of address shall, within 1 month from the date of the change to the State Council administration for industry and Commerce departments.

    article tenth special flags that have been allowed to register any of the following circumstances, any units and individuals on the date of publication of the notice of special signs to during its validity period has expired, administration for industry and commerce under the State Council affirming the reasons and provide the relevant evidence, asking for the announcement of registration of special signs is not valid:

    (a) with the special signs identical with or similar to the earlier application;

    (b) with prior registered trademark trademark identical or similar to the registered or acquired;

    (c) with the earlier application design patent or has legally obtained the patent of appearance design patent the same or similar;

    (iv) infringement of copyright.

    11th State Council administration for industry and commerce from the date of receiving the application for registration of special signs is not valid in the 10th, and notify applicants and limit it to respond from the date of receipt of the notification in the 15th.

    the respondent refused to reply or there is no valid reason for longer than the period of reply, deemed to have waived the right of reply.

    12th State Council administration for industry and commerce registration of special signs is not valid applications received within 3 months from the date of decision, and notify the party; a party who is dissatisfied, from the date of receipt of the notification in the 15th, administration for industry and commerce under the State Council for reconsideration.

    Chapter III special signs and protecting

    13th special flags for all on activities related to the advertising, souvenirs and other items used on the flag, and to permit others in the Administration for industry and commerce under the State Council to approve the use of the sign goods or services used on the project.

    14th special use shall be established by law for the flag enterprises, institutions, social organizations, individual businesses.

    use of special signs shall enter into a written contract with all.

    use of special signs shall, within 1 month from the date of signing the contract, contracts under this Administration for industry and commerce under the State Council for the record and people filed by the Administrative Department for industry and Commerce above the county level people's Government.

    section 15th special sign owners or users of any of the following acts, by its location or acts of Administration for industry and Commerce above the county level people's Government ordered corrective action and may be fined not more than 50,000 yuan in serious cases, used by the administrative departments for industry and Commerce above the county level people's Government ordered people to stop using the distinctive emblems shall be formulated by the Administrative Department for industry and Commerce revoked the registration of special signs of all:

&Nbsp;   (a) altering the text of special signs, graphics;

    (ii) authorize other persons to use a special logo, did not sign the contract or use is not reported within the time stipulated in the Administrative Department for industry and commerce under the State Council record or did not report the industrial and commercial administration authorities filed by the people's Governments above the county level;

    (C) outside the range approved and registered for goods or services used.

    16th under any of the following acts, the people's Governments above the county level administration for industry and commerce shall order the infringer to stop the infringing act immediately, the confiscation of the infringing goods, confiscate the illegal income, and fined not more than 5 times the illegal proceeds, there is no illegal income, fines of between 10,000 Yuan:

    (a) unauthorized use of all special signs identical with or similar to the text, Device or their combinations;

    (b) without the permission of special symbol all, unauthorized manufacture, sale of the special symbols or special signs for commercial activity;

    (c) it has caused economic losses of all other acts of special signs.

    17th special sign owners or users find special flags ownership or use rights have been infringed upon, can contribute to the infringer is located or violations to occur, administration for industry and Commerce above the county level people's Government complaints may also directly bring a lawsuit.

    industrial and commercial administrative departments to accept special signs of infringement complaints, should be in accordance with all requests of special signs, infringement of civil compensation mediation; mediation fails, particularly the mark owner can bring a lawsuit.

    18th industrial and commercial administrative departments to accept special symbol infringement cases, at the time of investigation, may exercise the following powers, the parties concerned shall assist and shall not refuse to:

    (a) asking about parties;

    (b) check of piracy-related items;

&Nbsp;   (c) investigate acts relating to infringement activities;

    (d) inspect, copy and the infringement relating to the activities of contract, account books and other business information.

    the fourth chapter by-laws

    19th special signs to the application fees, advertising fees, registration fees, charges, by the financial sector, price Department of the State Council in conjunction with the industrial and commercial administration departments.

    20th format of applications for registration of special signs of the instruments formulated by the Administrative Department for industry and commerce under the State Council.

    21st representative approved by the State Council of China to participate in international cultural, sports, scientific research and other activities of the organization using the name, emblem, mascot and other signs of protection, reference to the provisions of this Ordinance the purpose.

    22nd article of the regulations as of the date of promulgation.