Notice from the Ministry of Commerce and Four Other Departments on Issuing the "Management Measures for the Demonstration and Creation of Chinese Time-Honored Brands"

[Issuing Unit] Department of Circulation Development
[Document Number] Commercial Circulation Regulation Issuance [2023] No. 6
[Date of Issue] January 6, 2023

To the commerce, culture and tourism, market supervision, cultural relics, and intellectual property authorities of all provinces, autonomous regions, municipalities directly under the Central Government, cities specifically designated in the state plan, and the Xinjiang Production and Construction Corps:

To base on the new development stage, fully, accurately, and comprehensively implement the new development concept, promote the innovative development of time-honored brands, fully leverage their exemplary and leading role in commercial circulation, consumption promotion, quality management, technological innovation, brand building, and cultural heritage, and serve the construction of a new development pattern with domestic circulation as the main body and mutual promotion of domestic and international dual circulation, the Ministry of Commerce, Ministry of Culture and Tourism, State Administration for Market Regulation, Bureau of Cultural Relics, and National Intellectual Property Administration have jointly formulated the "Management Measures for the Demonstration and Creation of Chinese Time-honored Brands," which is hereby issued for your compliance.

Ministry of Commerce

Ministry of Culture and Tourism

State Administration for Market Regulation

Bureau of Cultural Relics

National Intellectual Property Administration

January 6, 2023

Management Measures for the Demonstration and Creation of Chinese Time-honored Brands

Chapter 1 General Provisions

Article 1 To base 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 the Implementation of the Inheritance and Development Project of Chinese Excellent Traditional Culture," implement the "Opinions of the Ministry of Commerce and other 8 departments on promoting the innovative development of time-honored brands," promote the innovative development of time-honored brands, fully leverage their exemplary and leading role in commercial circulation, consumption promotion, quality management, technological innovation, brand building, and cultural heritage, and serve the construction of a new development pattern with domestic circulation as the main body and mutual promotion of domestic and international dual circulation, these measures are formulated.

Article 2 The so-called Chinese time-honored brands in these measures refer to brands (including trade names, trademarks, etc.) with profound historical heritage, distinctive cultural characteristics, unique craftsmanship and technology, exquisite design and manufacturing, high-quality products and services, efficient marketing channels, and broad social recognition.

Article 3 The Ministry of Commerce is responsible for the nationwide demonstration and creation of Chinese time-honored brands, and together with the Ministry of Culture and Tourism, State Administration for Market Regulation, Bureau of Cultural Relics, and National Intellectual Property Administration (hereinafter referred to as relevant departments), recognizes brands that meet the provisions of Articles 2, 6, and 7 of these measures and have strong demonstration and leading roles nationwide as Chinese time-honored brands, recognizes their affiliated enterprises as Chinese time-honored brand enterprises, and establishes a directory of Chinese time-honored brands.

The commerce authorities of all provinces, autonomous regions, municipalities directly under the Central Government, and cities specifically designated in the state plan (hereinafter referred to as provincial-level commerce authorities), together with relevant departments at the same level, are responsible for the demonstration and creation of Chinese time-honored brands within their administrative regions.

Article 4 The demonstration and creation of Chinese time-honored brands shall follow the principles of "voluntary application, independent creation, selection of the best from the good, and dynamic management."

Article 5 The demonstration and creation of Chinese time-honored brands shall be enterprise-centered. The creating enterprises should reflect brand demonstration, enterprise representativeness, and industry leadership, focus on innovation in concepts, design, research and development, craftsmanship, technology, manufacturing, products, services, operation, marketing, and management, keep pace with the times, uphold integrity and innovation, and highlight economic and cultural values.

Chapter 2 Demonstration Conditions

Article 6 Chinese time-honored brands shall meet the following basic conditions:

(1) The brand has been established for 50 years or more (inclusive);

(2) Has distinctive Chinese national characteristics and prominent regional cultural features;

(3) Provides products, skills, or services with high economic and cultural value for residents' lives;

(4) Has representativeness, leadership, and demonstration within its industry or field, and is widely recognized and praised by society.

Article 7 Chinese time-honored brand enterprises shall meet the following basic conditions:

(1) Legally established within the territory of the People's Republic of China;

(2) Legally own or have the right to use a trade name consistent with the Chinese time-honored brand, or a registered trademark consistent with the Chinese time-honored brand without infringing on others' exclusive trademark rights, with a clear and undisputed inheritance relationship;

(3) Main business has been continuously operated for 30 years or more (inclusive), mainly providing goods or services for residents' lives;

(4) Good operating condition and strong sustainable development capability;

(5) Have a corporate governance model that meets modern requirements, with strong innovation capabilities in design, research and development, craftsmanship, technology, manufacturing, products, services, business philosophy, marketing channels, and management models;

(6) Have strong influence within their industry or field;

(7) Not listed in the abnormal business operations directory or serious illegal and untrustworthy list.

Chapter 3 Application and Recognition

Article 8 The Ministry of Commerce, together with relevant departments, shall in principle recognize and announce a new batch of Chinese time-honored brand directories every three years.

The application and recognition work for Chinese time-honored brands is mainly conducted through the Ministry of Commerce's Chinese Time-honored Brand Information Management System (website: https://zhlzh.mofcom.gov.cn), and the specific schedule will be notified by the Ministry of Commerce together 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 prescribed date, specifically including:

(1) Basic enterprise information, equity structure, and business conditions in the past five years;

(2) Proof materials of brand establishment time;

(3) Ownership certificates of the time-honored brand registered trademark;

(4) Proof materials showing a clear inheritance lineage of the main business;

(5) Introduction materials on the brand's historical and cultural value;

(6) Introduction materials on the enterprise's innovation and development in design and research, craftsmanship and technology, products and services, business philosophy, marketing channels, and management models;

(7) Introduction materials on corporate culture and certificates of honors received;

(8) A signed authenticity commitment by the legal representative or person in charge regarding the above materials;

(9) Other relevant materials that the commerce authorities and related departments deem necessary to submit.

The above application materials shall be true, valid, and complete. For those that can be obtained through government information systems, relevant departments may no longer require enterprises to provide them.

Central enterprises may apply to the Ministry of Commerce through their first-level group (head office) with the consent of the competent authority.

Article 10: The provincial-level commerce authorities, together with relevant departments at the same level, shall organize relevant institutions and experts to study and demonstrate the application materials, then submit a recommended list to the Ministry of Commerce, giving priority to enterprises that have been recognized as provincial-level time-honored brands for 3 years or more.

The Ministry of Commerce will determine the maximum number of recommendations for each batch in each region based on the number of Chinese time-honored brands and provincial-level time-honored brands in each area, combined with the local historical culture, economic development, and other comprehensive factors, using a factor method.

Provincial-level commerce authorities may, as needed, entrust relevant municipal departments to review the authenticity, validity, and completeness of the application materials of enterprises in their region.

The recommended list shall be publicly announced, with a public notice period of no less than 15 working days. If no objections are raised or objections are found invalid after the public notice period, the provincial-level commerce authorities shall submit the recommendation opinions and application materials to the Ministry of Commerce.

Article 11: The Ministry of Commerce, together with relevant departments, shall organize experts to evaluate the recommended enterprises from various regions based on the principles of scientific, fair, and just evaluation, and propose the Chinese time-honored brands and their affiliated enterprises to be recognized, not exceeding 80% of the national total recommendation quota.

Experts participating in the evaluation may, as needed or entrusted by relevant institutions, conduct reviews through material examination, on-site investigation, archive consultation, and other forms.

Article 12: The Ministry of Commerce shall publicly announce the information of the proposed recognized Chinese time-honored brands and their affiliated enterprises on the Ministry of Commerce website, with a public notice period of no less than 15 working days. Any unit or individual with objections to the list may raise objections to the Ministry of Commerce and provide detailed written evidence.

After receiving objections, the Ministry of Commerce, together with relevant departments, shall organize experts to review the objections. If there is significant controversy, the Ministry of Commerce may hold a hearing.

Article 13: If there are no objections or objections are found invalid during the public notice period, the Ministry of Commerce, together with relevant departments, shall include the enterprises in the Chinese time-honored brand directory and announce it to the public. The Ministry of Commerce shall grant the right to use the Chinese time-honored brand logo and issue the Chinese time-honored brand plaque according to these measures.

Article 14: The Chinese time-honored brand logo belongs to the Ministry of Commerce. Chinese time-honored brand enterprises may use the Chinese time-honored brand logo and plaque in accordance with the "Regulations on the Use of Chinese Time-honored Brand Logo and Plaque" (Attachment).

Chapter 4: Dynamic Management

Article 15: If the enterprise name or trademark of a Chinese time-honored brand enterprise undergoes the following changes, an application shall be submitted to the provincial-level commerce authority of the domicile through the Ministry of Commerce Chinese Time-honored Brand Information Management System within 30 working days from the date of change, with a detailed explanation of the reasons for the change:

(1) Change of enterprise name;

(2) Transfer of the registered trademark under the premise of not losing the right to use the time-honored brand registered trademark.

After receiving the enterprise application, the provincial-level commerce authority shall review it according to the recognition conditions of Chinese time-honored brands and submit review opinions to the Ministry of Commerce. During the review process, on-site verification of relevant situations or requests for supplementary materials from the enterprise may be conducted as needed, and public notice to society may be made if necessary.

After receiving the review opinions from the provincial-level commerce authorities, the Ministry of Commerce shall conduct a re-examination, and if necessary, jointly review with relevant departments, and publish the approved enterprise change information through the Ministry of Commerce Chinese Time-honored Brand Information Management System.

Article 16: Chinese time-honored brand enterprises shall report the operating conditions of the previous quarter through the Ministry of Commerce Chinese Time-honored Brand Information Management System before the 10th day of the first month of each quarter, and report the operating conditions of the previous year before January 31 each year (listed companies may report within 5 working days after the quarterly and annual reports are published).

Article 17: The Ministry of Commerce organizes relevant institutions to carry out daily monitoring of Chinese time-honored brands, establishing a "traffic light" mechanism. For Chinese time-honored brand enterprises exhibiting the situations listed in Articles 18, 19, and 20 of these measures, corresponding management measures shall be taken respectively. The Ministry of Commerce organizes relevant institutions to establish an innovation development evaluation model, generally evaluating Chinese time-honored brand enterprises annually, publishing evaluation reports, and taking measures such as commendation notifications and warning interviews based on the evaluation results.

Article 18: If a Chinese time-honored brand enterprise exhibits any of the following situations, the provincial-level commerce authority of the domicile shall order rectification within 3 months and may interview the enterprise leader if necessary:

(1) Failure to submit an application in a timely manner after changes in enterprise information as required by Article 15 of these measures;

(2) Failure to report relevant information on time through the Ministry of Commerce Chinese Time-honored Brand Information Management System as required by Article 16 of these measures;

(3) Use of the Chinese time-honored brand logo or plaque not in compliance with the "Regulations on the Use of Chinese Time-honored Brand Logo and Plaque";

(4) Administrative penalties imposed by relevant departments due to operational issues, or causing adverse social impact;

(5) Administrative penalties imposed by relevant departments for illegal repair, transfer, mortgage, change of use, or other activities involving immovable cultural relics at production and operation sites in violation of the "Cultural Relics Protection Law";

(6) Being listed in the abnormal business directory by relevant departments.

Article 19: If a Chinese time-honored brand enterprise exhibits any of the following situations, the provincial-level commerce authority of the domicile may recommend the Ministry of Commerce to suspend the use rights of the Chinese time-honored brand logo and plaque:

(1) Being interviewed by the provincial-level commerce authority and failing to rectify on time or having ineffective rectification measures;

(2) Being listed in the serious illegal and untrustworthy list by relevant departments.

If the Ministry of Commerce deems it necessary, it shall decide to suspend the use rights of the Chinese time-honored brand logo and plaque and order rectification within 3 months.

After the Chinese time-honored brand enterprise completes rectification, the provincial-level commerce authority of the domicile shall review the rectification and submit review opinions to the Ministry of Commerce. If the Ministry of Commerce considers the rectification adequate, it shall decide to revoke the suspension of the use rights of the Chinese time-honored brand logo and plaque.

Article 20: If a Chinese time-honored brand enterprise exhibits any of the following situations, the provincial-level commerce authority of the domicile may recommend the Ministry of Commerce to remove it from the Chinese time-honored brand directory and revoke the use rights of the Chinese time-honored brand logo and plaque:

(1) Bankruptcy liquidation, dissolution, cancellation, revocation of business license, or no business activities for more than three years;

(2) Loss of ownership and use rights of the time-honored brand registered trademark;

(3) Serious damage to consumer rights, major quality problems or safety accidents, repeated infringement of others' intellectual property rights, serious disruption of market order, or other serious illegal acts;

(4) Obtaining the Chinese time-honored brand demonstration title through deception or other improper means;

(5) Suspension of the use rights of the Chinese time-honored brand logo and plaque, and failure to effectively rectify after the expiration of the suspension period;

(6) Others that do not meet the basic conditions of the Chinese Time-honored Brand and Chinese Time-honored Brand Enterprises.

If the Ministry of Commerce deems it necessary, the relevant departments shall decide to remove the Chinese Time-honored Brand from the list and revoke the right to use the Chinese Time-honored Brand logo and plaque.

Article 21: The Ministry of Commerce, together with relevant departments, shall in principle conduct a review of the Chinese Time-honored Brand every three years. If it is found during the review that the conditions for the Chinese Time-honored Brand are no longer met, the relevant departments shall decide to remove the brand from the list and revoke the right to use the logo and plaque.

Article 22: When the Ministry of Commerce decides to suspend or revoke the right to use the Chinese Time-honored Brand logo or to remove the brand from the list, it shall notify through the Ministry of Commerce's Chinese Time-honored Brand information management system and announce it to the public on the Ministry of Commerce's website.

Those removed from the Chinese Time-honored Brand list shall not reapply for the Chinese Time-honored Brand within two application cycles from the date of the decision.

Chapter 5: Others

Article 23: Provincial relevant departments shall strengthen the protection of intellectual property rights, historical outlets, and cultural heritage of time-honored brands within their administrative regions, provide necessary policy support for the inheritance of time-honored brand culture, skill transformation, and reform and innovation, and organize promotional activities for time-honored brands.

Article 24: If Chinese Time-honored Brand enterprises violate the "Regulations on the Use of Chinese Time-honored Brand Logos and Plaques," the Ministry of Commerce and provincial commerce authorities may take relevant measures according to these measures.

During the suspension period of the right to use the Chinese Time-honored Brand logo and plaque due to violation of Article 19 of these measures, the Chinese Time-honored Brand enterprises shall withdraw related products and services containing the logo, remove and properly store the plaques, and shall not conduct promotion in the name of the Chinese Time-honored Brand.

Any organization or individual who impersonates or abuses the Chinese Time-honored Brand logo or plaque and violates laws such as the Trademark Law, Anti-Unfair Competition Law, and Advertising Law shall be investigated and dealt with by the market supervision department according to laws and regulations.

Article 25: Chinese Time-honored Brands recognized by the Ministry of Commerce before the implementation of these measures shall be managed according to these measures without the need for reapplication but shall undergo regular reviews as stipulated.

Article 26: These measures shall be interpreted by the Ministry of Commerce.

Article 27: These measures shall come into effect 30 days after promulgation. The "Notice of the Ministry of Commerce on Implementing the 'Revitalization of Time-honored Brands Project'" (Shang Gai Fa [2006] No. 171) and the "Notice of the Ministry of Commerce on Issuing the 'Regulations on the Use of Chinese Time-honored Brand Logos'" (Shang Gai Fa [2007] No. 137) are hereby repealed simultaneously.

Attachment: Regulations on the Use of Chinese Time-honored Brand Logos and Plaques

Attachment

Regulations on the Use of Chinese Time-honored Brand Logos and Plaques

Article 1: To maintain the reputation of the Chinese Time-honored Brand, strengthen the management of the Chinese Time-honored Brand logos and plaques, and standardize their use, these regulations are formulated based on the "Management Measures for the Demonstration and Creation of Chinese Time-honored Brands."

Article 2: The use of Chinese Time-honored Brand logos and plaques shall comply with these regulations.

Article 3: The Ministry of Commerce implements unified management and supervision over the use of Chinese Time-honored Brand logos and plaques. Provincial commerce authorities shall manage and supervise the use of logos and plaques within their jurisdictions according to their responsibilities.

Article 4: The Chinese Time-honored Brand logo applies to Chinese Time-honored Brands and enterprises recognized by the Ministry of Commerce. Enterprises or individuals not recognized as Chinese Time-honored Brands shall not use the logo or related text.

Article 5: The Chinese Time-honored Brand logo is owned by the Ministry of Commerce and consists of a standard graphic and the Chinese and English text "Chinese Time-honored Brand." The graphic can be used alone or combined with the text. The logo has three standard colors and four standard combinations for enterprises to choose from. The first two-color logo is recommended. Details of the standard graphic, font, colors, and combinations are in the attachment.

Article 6: Chinese Time-honored Brand enterprises may use the unified Chinese Time-honored Brand logo on packaging, decoration, various materials, advertising, and internet media of corresponding products or services.

Article 7: The Chinese Time-honored Brand logo may only be used on products or services consistent with the Chinese Time-honored Brand, limited to goods or services approved under the brand's registered trademark, and must clearly indicate the recognized enterprise name. The scope of use shall not be expanded. It must also comply with relevant laws such as the Trademark Law and Advertising Law.

Article 8: When using the Chinese Time-honored Brand logo, it must be used according to the prescribed style, can be proportionally enlarged or reduced, but the proportion and color values must not be altered.

Article 9: When printing the Chinese Time-honored Brand logo, the background color of the medium must not affect the standard color values of the logo, nor overlay other colors or 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 impersonate them.

Article 11: Chinese Time-honored Brand plaques shall not be copied.

Article 12: Chinese Time-honored Brand plaques shall be hung or placed at the main office or business premises of the Chinese Time-honored Brand enterprise. The plaques must be kept secure, clean, and aesthetically pleasing. No organization or individual may arbitrarily occupy, damage, or destroy the plaques. For immovable cultural relics, hanging or placing plaques must not damage the relics.

Article 13: Enterprises removed from the Chinese Time-honored Brand list by the Ministry of Commerce and whose right to use the logo and plaque has been revoked shall stop using the logo from the date of the decision and are responsible for clearing the use of related logos; the plaques shall be recovered by the provincial commerce authorities and returned to the Ministry of Commerce for unified cancellation and destruction.

Article 14: After the enterprise name and registered trademark owner of a Chinese Time-honored Brand enterprise change, the right to use the logo and plaque shall change accordingly but must be filed with the Ministry of Commerce according to the "Management Measures for the Demonstration and Creation of Chinese Time-honored Brands."

Attachment: Standard Styles of Chinese Time-honored Brand Logos

Attachment 1: Standard Graphic

Attachment 2: Standard Font

Attachment 3: Standard Colors

Attachment 4: Standard Combinations