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  If the case is deemed not to fall within the afore-mentioned circumstances, it shall be handled in a timely manner in accordance with the relevant provisions of the Trademark Law and its Implementing Rules. (来源:英语杂志 http://www.EnglishCN.com)

  Article 7 The administration for industry and commerce of provinces (autonomous regions or municipalities directly under the central government) shall investigate the case materials related to the protection of well-known trademarks submitted by the administrations for industry and commerce at municipal (district or perfectural) level within its jurisdiction.

  If the administration for industry and commerce deems that the case falls within the circumstances of Paragraph One, Article 6 hereof, it shall report the case to the Trademark Office within 15 working days of the date of receipt of the case materials from the administration for industry and commerce at municipal (district or prefectural) level within its jurisdiction.

  If the administration for industry and commerce deems that the case does not fall within the circumstances of Paragraph One, Article 6 hereof, it shall return the relevant materials to the authority that originally accepted the case, which shall handle it in a timely manner in accordance with the relevant provisions of the Trademark Law and its Implementing Rules.

  Article 8 The Trademark Office shall make a recognition within six months of the date of receipt of the relevant case materials, and shall notify the administration for industry and commerce of the province (autonomous region or municipality directly under the central government) where the case occurred of the results, and duplicate the same to the administration for industry and commerce of the province (autonomous region or centrally-governed municipality) where the party is located.

  The Trademark Office shall return all case materials, except the materials related to proving a trademark is well-known, to the administration for industry and commerce of the province (autonomous region or municipality directly under the central government) where the case occurred.

  Article 9 If a trademark is not recognized as well-known, the party may not submit a request for recognition of the same trademark again based on the same facts and grounds within one year of the date on which the result of recognition is given.

  Article 10 When the Trademark Office or the Trademark Review and Adjudication Board recognizes a trademark as being well-known, it shall consider all the factors stipulated in Article 14 of the Trademark Law, but there is no prerequisite that the trademark must satisfy all the factors stated therein.

  Article 11 When the Trademark Office, the Trademark Review and Adjudication Board and the local administration for industry and commerce provide protection to a well-known trademark, they shall consider the prominence of the trademark and the degree to which it is well-known.

  Article 12 When a party requests that his trademark be protected in accordance with Article 13 of the Trademark Law, he may submit records showing that the trademark has previously been protected as a well-known trademark by the relevant Chinese authorities in charge.

  Where the scope of protection of a case that has been accepted is basically identical to that of a case in which protection of the well-known trademark has been granted, and the other party does not dispute that the trademark is well-known, or although he objects to it, he is unable to provide evidence that the trademark is not well-known, the administration for industry and commerce that has accepted the case may render a ruling on or deal with the case on the basis of the conclusion of the record of protection.

  Where the scope of protection of a case that has been accepted is different from that of a case in which protection of the well-known trademark has been granted, or the other party disputes that the trademark is well-known and provides evidence that such trademark is not well-known, the Trademark Office or the Trademark Review and Adjudication Board shall re-investigate the materials related to the well-known trademark and make a recognition.

  Article 13 Where a party is of the opinion that another person has used his own well-known trademark for registration of enterprise name, and may deceive or confuse the public, he may apply to the authorities in charge of registration of enterprise names to cancel the registration of the name of that enterprise. The authorities in charge of registration of enterprise names shall handle such applications in accordance with the Administration of the Registration of Enterprise Names Provisions.

  Article 14 All levels of administration for industry and commerce shall strengthen protection of well-known trademarks, and shall transfer cases that are suspected of crimes of counterfeit of trademarks to the relevant departments in a timely manner.

  Article 15 The local administration for industry and commerce of the province (autonomous region or municipality directly under the central government) where the handling authority is located shall duplicate the handling decisions of protection of well-known trademarks to the Trademark Office.

  Article 16 All levels of administration for industry and commerce shall establish the appropriate supervisory mechanisms and formulate the appropriate supervisory and control measures in order to strengthen supervision and inspection throughout the course of work on recognition of well-known trademarks.

  Any relevant personnel participating in the work of recognition of well-known trademarks who abuses his power, practises graft, seek improper gains or handles matters relevant to the recognition of well-known trademarks in violation of the law shall be subject to administrative penalty in accordance with the law. Where a criminal offence has been constituted, criminal liability shall be pursued in accordance with the law.

  Article 17 These Provisions shall be effective as of 1 June 2003. The Recognition and Administration of Well-known Trademarks Tentative Provisions promulgated by the State Administration for Industry and Commerce on 14 August 1996 shall be repealed simultaneously.

 
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