Laws of the People's Republic of China

No. 9

For the purpose of strengthening the administration of and regulating the utilization of the marks of the most competitive brands on the market, the Provisions on Utilizing the Marks of the Most Competitive Brands on the Market are hereby promulgated in accordance with the Measures for Evaluating and Protecting Brands in the Commercial Field. The Ministry of Commerce

January 30, 2007

Provisions on Utilizing the Marks of the Most Competitive Brands on the Market

Article 1

For the purpose of strengthening the administration of the marks of the most competitive brands on the market and regulating the utilization of the marks of the most competitive brands on the market, the present Provisions are formulated in accordance with the Measures for Evaluating and Protecting Brands in the Commercial Field.

Article 2

The utilization of the marks of the most competitive brands on the market shall be subject to the present Provisions.

Article 3

The Ministry of Commerce shall take charge of the supervision and administration of the marks of the most competitive brands on the market. The local commerce authorities and commerce chambers shall take charge of assisting the supervision over and administration of the utilization of the marks of the most competitive brands on the market.

Article 4

The marks of the most competitive brands on the market are in the ownership of the Ministry of Commerce. Two kinds of marks are available for the most competitive brands on the market. The mark comprises standard drawing, standard font, standard color and secondary color, and it is suggested to utilize the preferred mark. Please see Affixes 1, 2, 3 and 4, respectively for the marks as well as their standard drawings, standard fonts, standard colors and secondary colors for the most competitive brands on the market.

Article 5

Where an enterprise's brand has been granted with the title of the most competitive brand on the market, the uniformly prescribed mark of the most competitive brands on the market may be utilized on the packages, decorations, instructions, advertisements, internet and other media of its products or services.

Article 6

The marks of the most competitive brands on the market shall be in the prescribed formats when they are utilized. They may be enlarged or minified pro rata, but the proportion or hue of marks may not be changed.

Article 7

The standard hue of the marks may not be affected by the base color of adhesive media when the marks of the most competitive brands on the market are printed and the inside colors or drawings may not be revealed.

Article 8

The marks of the most competitive brands on the market can be utilized only on the products or services to which with the title of the most competitive brand on the market have been granted, and the utilization scope thereof may not be enlarged.

Article 9

In accordance with the Measures for Evaluating and Protecting Brands in the Commercial Field, if the title of the most competitive brand is cancelled, an enterprise or individual shall stop the utilization of the marks of the most competitive brand on the market as of the date of cancellation, and take charge of cleaning up the marks of the most competitive brand on the market it or he has utilized.

Article 10

In accordance with the Measures for Evaluating and Protecting Brands in the Commercial Field, after the ownership of a brand, to a title of most competitive brand on the market has been granted alters, the utilization right thereof shall be changed accordingly.

Article 11

If any enterprise or individual has not been empowered to utilize the title of the mark of the most competitive brands on the market, it/he may not utilize as its or his own or forge the marks of the most competitive brands on the market.

Article 12

The marks of the most competitive brands on the market shall be safeguarded in accordance with the Measures for Evaluating and Protecting Brands in the Commercial Field.

Article 13

The Ministry of Commerce shall be responsible for interpreting the present Provisions.

Article 14

The present Provisions shall go into effect as of the promulgation date.

Affix 1: Marks of the Most Competitive Brands on the Market (omitted)

Affix 2: Standard Drawing (omitted)

Affix 3: Standard Font (omitted)

Affix 4: Standard Color and Auxiliary Color (omitted)

The Ministry of Commerce

January 30, 2007