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Recently the Fujian Provincial Government published the "Measures for Identification, Administration and Protection of Famous Trademarks in Fujian" (hereinafter referred to as the Measures), which will be implemented on June 1, 2007.
According to the Measures, a "Famous Trademark in Fujian" should be: (1) a registered trademark not involved in any dispute of ownership; (2) a trademark actually used for three years or above; (3) a trademark known by the relevant public; (4) a trademark with good reputation in the market for the goods or service; and (5) owned by a trademark owner who has no act of infringement within the recent three years.
The Measures also stipulates that the owner of a "Famous Trademark in Fujian" shall not alter or extend, without any authorization, the scope of goods or services covered by the trademark, and shall not damage the interests of customers or users by providing rough or fake goods. Otherwise, the Administration for Industry and Commerce will cancel its title of "Famous Trademark in Fujian" and impose a fine between RMB 1,000 yuan and RMB 30,000 yuan on the trademark owner.
The period of validity for a "Famous Trademark in Fujian" is three years counting from the date of identification. Within three months of the expiration, the rightholder may file an application for renewal with the Fujian Administration for Industry and Commerce. The period of validity of each renewal shall be three years.
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