On February 1, the Ministry of Commerce, the Ministry of Culture and Tourism, the State Administration for Market Regulation, the Cultural Heritage Administration, and the Intellectual Property Office jointly formulated the "Management Measures for the Demonstration Creation of Chinese Time-honored Brands" (hereinafter referred to as the "Management Measures").
According to the "Administrative Measures", Chinese time-honored brands should meet four basic conditions: first, the brand has been established for more than 50 years (inclusive); second, it has Chinese national characteristics and distinctive regional cultural characteristics; third, it provides economic value to residents' lives, Products, skills or services with high cultural value; fourth, they are representative, leading and demonstrative in the industry or field to which they belong, and have received wide social recognition and praise.
At the same time, the "Management Measures" stipulates the use of Chinese time-honored brand logos and plaques. The regulations state that the Chinese time-honored brand logo applies to Chinese time-honored brands and Chinese time-honored enterprises recognized by the Ministry of Commerce. Enterprises or individuals that have not been recognized as Chinese time-honored brands are not allowed to use the logo and words of Chinese time-honored brands.
The regulations require that the Chinese Time-honored Brand logo can only be used on products or services that are consistent with the Chinese Time-honored Brand, limited to the goods or services approved for use by its time-honored registered trademark, and the name of the recognized enterprise should be clearly marked, and the scope of use must not be expanded. At the same time, it should comply with the requirements of relevant laws and regulations such as the Trademark Law and Advertising Law.
The regulations also state that the plaques of Chinese time-honored brands may not be copied. The Chinese Time-honored Brand logo is owned by the Ministry of Commerce and consists of standard graphics and Chinese and English text "Chinese Time-honored Brand". The graphics can be used alone or in combination with text. The logo has 3 standard colors and 4 standard combinations for enterprises to choose from.
Notice from the Ministry of Commerce and other five departments on the issuance of the "Management Measures for the Demonstration and Creation of Chinese Time-honored Brands"
The commerce, culture and tourism, market supervision, cultural relics, and intellectual property departments of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning, and Xinjiang Production and Construction Corps:
In order to base on the new development stage, completely, accurately and comprehensively implement the new development concept, promote the innovative development of time-honored brands, and give full play to the exemplary and leading role of time-honored brands in trade circulation, consumption promotion, quality management, technological innovation, brand building, cultural inheritance, etc., the service To build a new development pattern with the domestic cycle as the main body and the domestic and international dual cycles reinforcing each other, the Ministry of Commerce, the Ministry of Culture and Tourism, the State Administration for Market Regulation, the Cultural Heritage Administration, and the Intellectual Property Office jointly formulated the "Management Measures for the Demonstration Creation of Chinese Time-honored Brands", which are now Printed and distributed to you, please comply with it.
Ministry of Culture and Tourism
State Administration for Market Regulation
Bureau of Cultural Relics
Intellectual Property Office
January 6, 2023
Measures for the Management of Demonstration Creation of Chinese Time-honored Brands
Chapter 1 General Provisions
Article 1 In order to be based on the new development stage, fully, accurately and comprehensively implement the new development concept, implement the "Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Implementing the Inheritance and Development Project of Excellent Traditional Chinese Culture", and implement the "Opinions of the Ministry of Commerce and other 8 departments on promoting the innovation of time-honored brands". Development Opinions", promote the innovative development of time-honored brands, give full play to the exemplary and leading role of time-honored brands in trade circulation, consumption promotion, quality management, technological innovation, brand building, cultural inheritance, etc. The service construction takes the domestic circulation as the main body, domestic and international dual The new development pattern of circular and mutual promotion is formulated.
Article 2 The term "Chinese time-honored brands" as mentioned in these Measures refers to brands (trade names, trademarks, etc.) with profound historical heritage, distinctive cultural characteristics, unique craftsmanship, sophisticated design and manufacturing, high-quality products and services, efficient marketing channels, and widely recognized by society.
Article 3 The Ministry of Commerce is responsible for the demonstration and creation of Chinese time-honored brands nationwide, and together with the Ministry of Culture and Tourism, the State Administration for Market Regulation, the Cultural Heritage Administration, and the Intellectual Property Office (hereinafter referred to as the relevant departments) will comply with Articles 2, 6, and 7 of these Measures. It stipulates that brands with strong demonstration and leadership nationwide will be recognized as Chinese time-honored brands, their affiliated companies will be recognized as Chinese time-honored brands, and a directory of Chinese time-honored brands will be established.
The commerce departments of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning (hereinafter referred to as the provincial commerce departments), together with relevant departments at the same level, are responsible for the work related to the demonstration and establishment of Chinese time-honored brands within their respective administrative regions.
Article 4 The establishment of demonstrations of Chinese time-honored brands follows the principles of “voluntary declaration, independent creation, selection of the best from the best, and dynamic management”.
Article 5 The demonstration creation of Chinese time-honored brands takes enterprises as the main body. The establishment of enterprises shall reflect the brand demonstration, enterprise representativeness, and industry leadership, and focus on concept, design, research and development, technology, technology, manufacturing, products, services, operation, marketing, and management. Innovate in all aspects, keep pace with the times, keep integrity and innovate, and demonstrate economic and cultural value.
Chapter 2 Demonstration Conditions
Article 6 A Chinese time-honored brand shall meet the following basic conditions:
(1) The brand has been established for more than 50 years (inclusive);
(2) Have Chinese national characteristics and distinctive regional cultural characteristics;
(3) Providing products, skills or services with high economic and cultural value to residents' lives;
(4) Be representative, leading and exemplary in the industry or field to which it belongs, and receive widespread social recognition and praise.
Article 7 A Chinese time-honored brand enterprise shall meet the following basic conditions:
(1) Established in accordance with the law within the territory of the People’s Republic of China;
(2) Own a trade name that is consistent with a Chinese time-honored brand, or possess the ownership or right to use a registered trademark that is consistent with a Chinese time-honored brand in accordance with the law and does not infringe on the exclusive rights of others to register trademarks, and the inheritance relationship is clear and undisputed;
(3) The main business has been operating continuously for more than 30 years (inclusive), and mainly provides goods or services for residents' daily life;
(4) It has good operating conditions and has strong sustainable development capabilities;
(5) Have a corporate governance model that meets modern requirements, and have strong innovation capabilities in design, research and development, processes, technology, manufacturing, products, services and business concepts, marketing channels, management models, etc.;
(6) Have strong influence in the industry or field;
(7) Not on the list of abnormal business operations or the list of serious violations of law and dishonesty.
Chapter 3 Declaration and Recognition
Article 8 The Ministry of Commerce, together with relevant departments, will in principle identify and publish a new batch of Chinese time-honored brands every three years.
The declaration and recognition of Chinese time-honored brands are mainly carried out through the Chinese Time-honored Brands Information Management System of the Ministry of Commerce (website: https://zhlzh.mofcom.gov.cn). The specific time arrangement will be announced by the Ministry of Commerce in conjunction with relevant departments.
Article 9 Enterprises that meet the conditions stipulated in Articles 6 and 7 of these Measures shall upload application materials through the Ministry of Commerce’s Chinese Time-honored Brand Information Management System within the specified date, specifically including:
(1) The company’s basic information, ownership structure and operating conditions in the past five years;
(2) Documents proving the time when the brand was founded;
(3) Documents proving the ownership of the time-honored registered trademark;
(4) Documents proving the clear inheritance of the main business;
(5) Introductory materials on the brand’s historical and cultural value;
(6) Introduction materials on the enterprise’s innovative development in design and research and development, process technology, product services and business philosophy, marketing channels, management models, etc.;
(7) Introduction materials of corporate culture and certification materials of honors;
(8) A commitment to the authenticity of the above materials signed by the legal representative or person in charge;
(9) Other relevant materials that the commercial department and relevant departments deem should be submitted.
The above-mentioned application materials should be true, valid, and complete. If they can be obtained through the government information system, the relevant departments may no longer require the enterprise to provide them.
Central enterprises can declare to the Ministry of Commerce through their first-level group (head office) and with the consent of the competent authority.
Article 10 The provincial commerce authorities, together with relevant departments at the same level, organize relevant institutions and experts to conduct research and argumentation on the application materials and then submit a recommendation list to the Ministry of Commerce, and give priority to recommending enterprises that have been recognized as provincial time-honored brands for more than 3 years (inclusive).
The Ministry of Commerce will use the factor method to determine the upper limit of the number that can be recommended in each batch based on the number of Chinese time-honored brands and provincial time-honored brands in each region, combined with the comprehensive conditions of the region's history, culture, and economic development.
Provincial-level commerce authorities may entrust relevant municipal-level departments to review the authenticity, validity, and completeness of application materials submitted by enterprises in the region as needed.
The recommended list shall be made public to the public, and the publicity period shall be no less than 15 working days. If there is no objection or the objection is not established after the publicity period, the provincial commerce department shall make recommendations and submit application materials to the Ministry of Commerce.
Article 11 The Ministry of Commerce, together with relevant departments, will organize experts to evaluate the enterprises recommended by various places in accordance with the principles of science, fairness and impartiality, and propose the Chinese time-honored brands and their affiliated enterprises to be recognized at a proportion not exceeding 80% of the total recommended nationwide.
Experts participating in the review can conduct reviews in the form of material review, on-site investigation, file review, etc. as needed or by entrusting relevant agencies to do so.
Article 12 The Ministry of Commerce shall publicize relevant information on the Chinese time-honored brands to be recognized and their affiliated enterprises on the Ministry of Commerce website. The publicity period shall be no less than 15 working days. If any unit or individual has different opinions on the list, they may raise objections to the Ministry of Commerce and provide detailed written evidence.
After receiving the objection, the Ministry of Commerce will organize experts with relevant departments to review the objection situation. If there is a major dispute, the Ministry of Commerce may convene a hearing.
Article 13 If there is no objection or the objection is not established during the publicity period, the Ministry of Commerce, together with relevant departments, will be included in the list of Chinese time-honored brands and announced to the public. The Ministry of Commerce will grant the right to use the Chinese time-honored brand logo and issue a Chinese time-honored brand plaque in accordance with these measures.
Article 14 The logo of Chinese time-honored brands belongs to the Ministry of Commerce. Chinese time-honored brand enterprises may use the logos and plaques of Chinese time-honored brands in accordance with the "Regulations on the Use of Logo and Plaques of Chinese Time-honored Brands" (Attachment).
Chapter 4 Dynamic Management
Article 15 If the corporate name or trademark of a Chinese time-honored brand enterprise undergoes any of the following changes, it shall submit an application to the provincial commerce department at the place of residence through the Chinese Time-honored Brand Information Management System of the Ministry of Commerce within 30 working days from the date of change. and detail the reasons for the change:
(1) The name of the enterprise changes;
(2) The registered trademark is transferred without losing the right to use the time-honored registered trademark.
After receiving the application from the enterprise, the provincial commerce department shall conduct an review in accordance with the conditions for the recognition of Chinese time-honored brands and submit review opinions to the Ministry of Commerce. During the review process, relevant information may be verified on-site as needed or the enterprise may be required to provide additional relevant materials, and the information may be disclosed to the public when necessary.
The Ministry of Commerce will conduct a review after receiving the review opinions of the provincial commerce authorities. If necessary, it will consult with relevant departments for a joint review, and publish the enterprise change information that has passed the review through the Chinese Time-honored Brand Information Management System of the Ministry of Commerce.
Article 16 Chinese time-honored brand enterprises shall report the operating conditions of the previous quarter through the Chinese Time-honored Brand Information Management System of the Ministry of Commerce before the 10th of the first month of each quarter, and report the operating conditions of the previous year before January 31 of each year (listed companies can report the operating conditions in the quarterly and annual reports Report within 5 working days after announcement).
Article 17 The Ministry of Commerce organizes relevant agencies to carry out daily monitoring of Chinese time-honored brands, establish a "traffic light" mechanism, and take respective measures against Chinese time-honored brand enterprises that encounter the relevant situations listed in Articles 18, 19 and 20 of these Measures. Corresponding management measures. The Ministry of Commerce organizes relevant agencies to establish an innovation development evaluation model. In principle, it evaluates Chinese time-honored enterprises every year, publishes evaluation reports, and takes measures such as notifications of praise, interviews and warnings based on the evaluation results.
Article 18 If a Chinese time-honored enterprise encounters any of the following circumstances, the provincial commerce department at the place of residence shall order it to make rectifications within 3 months. If necessary, the person in charge of the enterprise may be interviewed:
(1) Failure to submit an application in a timely manner in accordance with Article 15 of these Measures after the enterprise information changes;
(2) Failure to fill in relevant information on time in the Ministry of Commerce’s Chinese Time-honored Brands Information Management System in accordance with Article 16 of these Measures;
(3) The use of logos and plaques of Chinese time-honored brands does not comply with the "Regulations on the Use of Logos and Plaques of Chinese Time-honored Brands";
(4) Being administratively punished by relevant departments due to business problems, or causing negative social impact;
(5) Administrative penalties imposed by relevant departments for violating relevant provisions of the Cultural Relics Protection Law and illegally carrying out activities such as repairing, transferring, mortgaging, and changing use of production and business premises involving immovable cultural relics;
(6) Being included in the directory of abnormal business operations by relevant departments.
Article 19 If a Chinese time-honored brand enterprise encounters any of the following circumstances, the provincial commerce department in the place of residence may recommend that the Ministry of Commerce suspend its right to use the Chinese time-honored brand logo and plaque:
(1) Failure to make rectifications on time or ineffective rectification measures after being interviewed by the provincial commerce department;
(2) Being included in the list of serious illegal and untrustworthy persons by relevant departments.
If the Ministry of Commerce deems it necessary, it should make a decision to suspend the right to use the logos and plaques of Chinese time-honored brands and order them to complete rectifications within three months.
After the rectification of a Chinese time-honored enterprise is completed, the provincial commerce department in the place of residence shall review the rectification situation and submit review opinions to the Ministry of Commerce. If the Ministry of Commerce believes that the rectification is in place, it should make a decision to revoke the suspension of the right to use the logos and plaques of Chinese time-honored brands.
Article 20 If a Chinese time-honored brand enterprise encounters any of the following circumstances, the provincial commerce department in the place of residence may recommend that the Ministry of Commerce remove it from the list of Chinese time-honored brands and take back the right to use the Chinese time-honored brand logo and plaque:
(1) The enterprise is bankrupt, liquidated, disbanded, canceled, has its business license revoked, or has not carried out business activities for more than three years;
(2) Loss of ownership and use rights of time-honored registered trademarks;
(3) Serious damage to consumer rights, major quality problems or safety accidents, repeated infringement of other people’s intellectual property rights, serious disruption of market order, or other serious violations;
(4) Obtaining the title of Model Chinese Time-honored Brand by deception or other improper means;
(5) The right to use the logo and plaque of a Chinese time-honored brand has been suspended and has not been effectively rectified after expiration;
(6) Others that do not meet the basic conditions for Chinese time-honored brands and Chinese time-honored enterprises.
If the Ministry of Commerce deems it necessary, the relevant commercial departments will make a decision to remove the name from the list of Chinese time-honored brands and take back the right to use the logo and plaque of the Chinese time-honored brand.
Article 21 The Ministry of Commerce, together with relevant departments, will conduct reviews of Chinese time-honored brands every three years in principle. For those found during the review that do not meet the conditions for Chinese time-honored brands, the relevant business departments will make a decision to remove them from the list of Chinese time-honored brands and take back the right to use the Chinese time-honored brand logo and plaque.
Article 22 If the Ministry of Commerce makes a decision to suspend or withdraw the right to use the logo of a Chinese time-honored brand or remove it from the list of Chinese time-honored brands, it shall notify it in the Ministry of Commerce’s Chinese Time-honored Brand Information Management System and announce it to the public on the website of the Ministry of Commerce.
Those who have been removed from the list of Chinese time-honored brands shall not apply for Chinese time-honored brands again within two reporting cycles from the date of the decision.
Article 23 Relevant departments at the provincial level shall strengthen the protection of the intellectual property rights, historical outlets, and cultural heritage of time-honored brands within their respective administrative regions, provide necessary policy support for the cultural inheritance, technological transformation, reform and innovation of time-honored brands, and organize and carry out publicity and promotion activities for time-honored brands.
Article 24 If a Chinese time-honored brand enterprise violates the "Regulations on the Use of Chinese Time-honored Brand Logo and Plaque", the Ministry of Commerce and the provincial commerce authorities may take relevant measures based on these measures.
During the period when a Chinese time-honored brand enterprise has been suspended from using the Chinese time-honored brand logo and plaque due to violation of Article 19 of these Measures, it shall withdraw its related products and services containing the Chinese time-honored brand logo, remove and properly preserve the Chinese time-honored brand plaque, and shall not use the Chinese time-honored brand logo as a Chinese time-honored brand Propaganda in the name.
If any unit or individual fraudulently uses or abuses the logo or plaque of a Chinese time-honored brand and violates the Trademark Law, the Anti-Unfair Competition Law, the Advertising Law and other laws and regulations, it will be investigated and punished by the market supervision department in accordance with laws and regulations.
Article 25 Chinese time-honored brands that have been recognized by the Ministry of Commerce before the implementation of these Measures shall be managed in accordance with these Measures and do not need to be re-declared, but shall be subject to regular review in accordance with the provisions of these Measures.
Article 26 The Ministry of Commerce is responsible for the interpretation of these Measures.
Article 27 These Measures shall come into effect 30 days from the date of promulgation. "Notice of the Ministry of Commerce on the Implementation of the "Revitalization of Time-honored Brands Project"" (Shang Gaifa [2006] No. 171), "Notice of the Ministry of Commerce on Issuing the "Regulations on the Use of the "Chinese Time-honored Brands" Logo" (Shang Gaifa [2007] No. 137) ) are abolished at the same time.
Regulations on the use of logos and plaques of Chinese time-honored brands
Article 1 In order to maintain the credibility of Chinese time-honored brands, strengthen the management of Chinese time-honored brand logos and plaques, and regulate the use of Chinese time-honored brand logos and plaques, these regulations are formulated in accordance with the "Management Measures for the Demonstration Creation of Chinese Time-honored Brands".
Article 2 The use of logos and plaques of Chinese time-honored brands shall comply with these regulations.
Article 3 The Ministry of Commerce shall implement unified management and supervision over the use of logos and plaques of Chinese time-honored brands. Provincial-level commercial authorities manage and supervise the use of Chinese time-honored brand logos and plaques within their jurisdiction according to the division of responsibilities.
Article 4 The Chinese time-honored brand logo applies to Chinese time-honored brands and Chinese time-honored enterprises recognized by the Ministry of Commerce. Enterprises or individuals that have not been recognized as Chinese time-honored brands are not allowed to use the logo and words of Chinese time-honored brands.
Article 5 The Chinese Time-honored Brand logo belongs to the Ministry of Commerce and consists of standard graphics and Chinese and English text of "Chinese Time-honored Brand". The graphics can be used alone or in combination with the text. The logo has 3 standard colors and 4 standard combinations for enterprises to choose from. It is recommended to use the first "Chinese time-honored brand" 2-color logo. Please see the attachment for details of the standard graphics, standard fonts, standard colors and standard combinations of Chinese time-honored brand logos.
Article 6 Chinese time-honored brand enterprises may use the uniformly prescribed Chinese time-honored brand logos in the packaging, decoration, various materials, advertising and Internet of corresponding products or services.
Article 7 The Chinese Time-honored Brand logo can only be used on products or services that are consistent with the Chinese Time-honored Brand, limited to the goods or services approved for use by its Time-honored Registered Trademark, and the name of the recognized enterprise should be clearly marked, and the scope of use must not be expanded. At the same time, it should comply with the requirements of relevant laws and regulations such as the Trademark Law and Advertising Law.
Article 8 When using the logo of a Chinese time-honored brand, it must be used in accordance with the prescribed styles. It can be enlarged or reduced in proportion, but the proportional relationship and color value of the logo must not be changed.
Article 9 When printing the logo of a Chinese time-honored brand, the background color of the attached medium shall not affect the standard color value of the logo, and shall not overlap other colors and patterns.
Article 10 The Ministry of Commerce uniformly produces and issues Chinese time-honored brand plaques. Without permission, no organization or individual may produce, forge, alter, sell or use them fraudulently.
Article 11 Plaques of Chinese time-honored brands may not be copied.
Article 12 Chinese time-honored brand plaques should be hung or placed in the main offices or business premises of Chinese time-honored brands. The plaques must be kept firm, safe, clean, and beautiful. No organization or individual may arbitrarily appropriate, deface, or destroy the plaques. If immovable cultural relics are involved, hanging or placing plaques shall not damage the cultural relics.
Article 13 Enterprises that have been removed from the list of Chinese time-honored brands by the Ministry of Commerce and have taken back the right to use the Chinese time-honored brand logos and plaques will stop using the Chinese time-honored brand logos from the date the Ministry of Commerce makes the decision, and are responsible for cleaning up the relevant Chinese time-honored brand logos they use; China Plaques of time-honored brands are taken back by the provincial commerce authorities and handed over to the Ministry of Commerce for cancellation and destruction.
Article 14 After the corporate name and name of the registered trademark holder of a Chinese time-honored brand enterprise change, the right to use the Chinese time-honored brand logo and plaque will also change, but it must be reported to the Ministry of Commerce for filing in accordance with the "Management Measures for the Creation and Management of Demonstration of Chinese Time-honored Brands".
Attached: Standard style of Chinese time-honored brand logos
Appendix 1: Standard graphics
Appendix 2: Standard font
Appendix 3: Standard colors
Appendix 4: Standard combination
(Source: Website of the Ministry of Commerce of the People's Republic of China)
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