(Adopted by the Supreme People's Government at its 135th ordinary meeting on 20 February 2012 No. 82 of 14 March 2012 No. 82 of the Order No. 82 of 14 March 2012 for publication of implementation effective 1 May 2012.

Chapter I General

Article 1 (Deputy and basis)

In order to regulate the identification of well-known trademarks in the Shanghai City, to protect the legitimate rights and interests of prominent trademark owners, users and consumers of the Shanghai City, to promote economic development, and to develop this approach in line with the provisions of the laws, regulations, such as the Trademarks Act of the People's Republic of China.

Article 2 (Definition)

The famous trademarks of the Shanghai City referred to in this approach (hereinafter referred to as “known trademarks”) refer to trademarks that are well known to the relevant public and have a high reputation on the market and which are determined in accordance with this approach.

Article 3 (Management)

The municipal business sector is responsible for organizing this approach.

The economic informationization, commerce, tax, quality technicians, intellectual property and statistics are being implemented in collaboration with their respective responsibilities.

Article IV (Committee on Evaluation and its working bodies)

The Eminent Trademark Review Commission (hereinafter referred to as the Evaluation Committee) established by the Industrial and Business Sector Organization is responsible for the evaluation of the well-known trademarks.

The members of the Evaluation Committee are composed of persons recommended by the relevant departments, units, including:

(i) Representatives of social groups such as the Consumer Rights Protection Commission, the relevant industry associations, the Shanghai City Trademark Association;

(ii) Experts in the areas of economic, legal, intellectual property;

(iii) Representatives of relevant sectors, such as business, statistics, quality technicians.

The day-to-day affairs of the Evaluation Committee are covered by the work body designated by the municipal and business sector (hereinafter referred to as the Evaluation Committee's work agency).

The members of the famous trademark evaluation board have the form, duration and evaluation rules, developed by the municipal business sector and made available to society.

Article 5 (Basic Principles)

The identification application of the famous trademark is a voluntary principle.

The determination of the well-known trademark follows the principle of “public, fair and fair”.

The city encourages natural persons, legal persons and other organizations to apply for the registration of trademarks in accordance with the law, to raise the profile of trademarks and to contest well-known trademarks.

Article 6 (Constitutional responsibility)

The owner and the user of the well-known trademark shall engage in productive, operational activities in accordance with the relevant laws, regulations, regulations and standards, to ensure the reliability, security of the commodities used by the well-known trademarks and to continuously improve the use and management system of trademarks, accept social oversight and assume social responsibility.

Chapter II

Article 7 (Application conditions)

In accordance with the following conditions, a trademarker may apply for the identification of a prominent trademark:

(i) The owner of the trademark is a natural person with the residence permit of the present city or with the residence permit of the present city, or a legal, other organization established by law in this city;

(ii) The right to trademark is indisputable and is registered in China for a period of 2 years and in practice for three years, with a high degree of visibility among the relevant public;

(iii) The quality of commodities used by the trademark is reliable, safe and good market credibility;

(iv) The main economic indicators, such as sales, profitability, tax bonds, which use the trademark, are leading in the same industry in this city;

(v) The owner and the user of the trademark have established a system of quality complaints and dispute handling;

(vi) The trademark registrationers have established trademark use and management systems and operate well;

(vii) The trademark registry and the user have not committed a serious offence for almost three years.

The non-profit registrar applies for the identification of a prominent trademark and does not apply to the provisions of paragraph (iv).

Article 8 (Application of applications)

The municipal and business sector should issue a notice by the end of March each year to clarify matters such as the duration of the application for prominent trademarks, the application of the admissibility point.

The trademarkers apply for the identification of well-known trademarks and shall submit to the local, district and business sector the identification application and the related material that demonstrates compliance with the conditions set out in Article 7 of this approach.

The applicant shall be responsible for the authenticity and legitimacy of the submissions.

Article 9 (Contrition review)

Regional, district and business sectors are entrusted by the municipal and industrial sectors to assume the admissibility of the application by the famous trademarks.

Regions, zones and business sectors should review the fullness of the application and make decisions on admissibility within 30 days of receipt of the request. The applicant shall be informed in writing and, within 10 days of the date of the decision to be taken, shall communicate the request material to the evaluation body; the decision to be inadmissible shall be communicated in writing to the applicant and the reasons.

The request material needs to be added and the regional, district and business sector should be informed on a one-time basis of the completion of the applicant's deadline. The applicant was deemed to have waived the application.

Article 10 (Certifications)

The evaluation body shall, within three months of receipt of material from the regional, district and business sectors, investigate the conditions for determining whether the application is in compliance with article 7 of this approach and submit a written report to the evaluation committee.

The evaluation of the work of the Commission shall seek the views of the relevant departments, industry associations, consumer rights protection committees and consumer representatives when investigating the verification.

Article 11 (concentration evaluation)

The Evaluation Committee shall convene a meeting to review and vote on the written reports of the identification of requests and the evaluation body.

The number of members present at the evaluation session should account for more than two thirds of the total membership of the Evaluation Committee and, in a secret ballot, the results of the evaluation of the Evaluation Committee. It was determined that more than two thirds of the total number of members present at the evaluation session would be considered to be prominent trademarks.

Article 12 (written commitments and avoidance)

The members of the Evaluation Committee shall sign a letter of commitment, adhere strictly to the rules of work, such as the evaluation rules, preserve the commercial secrets of the applicant and refrain from disclosing the process of evaluation.

The members present at the evaluation meeting were in the interest of the applicant, which could affect the fairness of the evaluation and should apply for a waiver. The evasion of the members of the Evaluation Committee was decided by the Director of the Evaluation Committee; the avoidance of the Director of the Evaluation Committee was decided by the Evaluation Committee on a collective basis.

Article 13 (Summary of evaluation findings)

The evaluation committee shall publish a demonstration to be found to be prominent trademarks based on the evaluation results.

Within 15 days from the date of the publication to be found to be a prominent trademark, any unit and individual may object in writing to the evaluation committee's work body and should provide information on the material.

The evaluation board's work body should be surveyed within 30 days after the receipt of the objection and the material supporting it.

Article 14.

No objection has been made or, notwithstanding the objection, the evaluation committee has found no objection to be established by the municipality and business sector, based on the evaluation findings, to determine the well-known trademarks and to issue a notice of determination, award of confirmation.

The well-known trademark identification certificate shall contain matters such as the name of the trademark registry, the licensee's trademark and the use of the trademark.

Article 15 (Effective period)

The valid period of the identified prominent trademarks is three years, calculated from the date of the publication of the announcement.

Article 16 (continued and transfer)

In the six months prior to the expiry of the effective term of the famous trademarks, the owner of the prominent trademarks could submit a continuing application to the location's area, the district and business sector.

The owner of the famous trademark shall transfer its registered trademarks within the period determined to be in effect, and the transferee shall reproduce the application for the identification of a prominent trademark.

Article 7 to Article 15 of this chapter applies to the application for the continuation of prominent trademarks, the re-application of conditions, procedures, and the period of effectiveness.

Article 17 (Financing and use)

It was determined that the work of the well-known trademarks was funded by the municipal and industrial sectors and that no fees were charged to the parties.

The executive organs at this municipal level shall not use financial funds or other public resources for commercial publicity for prominent trademark owners and users.

Chapter III Protection and management of prominent trademarks

Article 18

The well-known trademark owner and the user may use the words and identifiers of the “Germanent trademarks” in the identifiers such as packaging, babies and advertisements, and any other units and individuals shall not be allowed to use the words and identifiers of the Shanghai City.

Article 19 (Reformation of registration matters)

A well-known trademark owner shall be reported to the municipal business sector for a period of 30 days from the date of approval by the National Chamber of Commerce and Industry.

Article 20 (Greenmark for protection of trademarks)

The municipal and industrial sectors should prepare lists of well-known trademark protections in the Shanghai City and replicate the relevant sectors of the city and the offshore sector of business.

The municipality and the district, and the business sector should strengthen the proactive identification of violations of the right to be reserved for prominent trademarkers.

Article 21

The unauthorized use of the name, packaging, babies, or the use of the name, packaging and loading with the well-known trademark commodities has resulted in confusion with the commodity and misleading the purchaser as the commodity and is dealt with by the business sector in accordance with the laws, regulations and regulations, such as the People's Republic of China Anti-Affordable Competition.

Article 2 (Restrictions on registration of corporate names of others)

The business sector is not approved in the same industry by applying for the registration of corporate names in the same or near-known trademarks; the business sector is not authorized in the different industries, but it is sufficient to give public misconceptions and may cause damage to the legitimate rights and interests of the well-known trademark owner.

Article 23.

The well-known trademark owner, whose exclusive right to register a trademark has been violated outside the city's administrative region, has requested assistance to the business sector in this city, and the business sector should communicate, coordinate and provide guidance to the parties on the legitimate rights and interests of prominent trademarks in a timely manner.

Article 24 (Administrative regulation)

The municipal and regional, district and business sectors should strengthen the management of prominent trademarks, establish and sound management files of well-known trademarks, monitor the use of well-known trademarks and guide the protection of well-known trademarks.

Other sectors have found that there is a violation of the law by the owner and the person, and the business sector should be informed in a timely manner.

Article 25 (Social oversight)

Any unit and individual found that the owner, the use of the person was in violation of the law and could lodge complaints and reports to the business sector and the relevant sectors.

In carrying out its duties under the law, the Consumer Rights and Protection Commission has found that the owner or the user of the well-known trademark has a detrimental to the legitimate rights and interests of the consumer and should be informed in writing of the municipal business sector.

Article 26 (Support of the quality of the mark commodities)

The municipal and industrial sectors should regularly collect information on the quality of well-known trademark commodities by the relevant sectors, consumer rights and protection committees, with a focus on the conduct of well-known trademark commodity quality tracking surveys, and identify problems that should be done to promote the timely transformation of prominent trademarks and users.

Chapter IV Legal responsibility

Article 27 (Designation of famous trademarks)

A well-known trademark owner and a user has one of the following cases, which were validated by the Evaluation Committee and removed by the municipal and business sector the prominent trademark and made public notices:

(i) The concentration of consumer complaints and the absence of proper treatment;

(ii) Infring on the use of the phrase, mark or replication of documents such as the “known trademark” in the Shanghai City;

(iii) Submission of false material or other means of fraud to be found by prominent trademarks;

(iv) The adverse social impact on the quality of commodities of prominent trademarks;

(v) Serious offences such as false propaganda, fraud and consumer.

The famous trademark was cancelled for the reasons of subparagraphs (i), (ii) of the previous paragraph, and no claim for the identification of a prominent trademark shall be reintroduced within five years; no claim shall be reintroduced for the reasons of subparagraphs (iii), (iv), (v) of the former paragraph.

The evaluation committee may decide whether there is a significant controversy with regard to the withdrawal of prominent trademarks, to establish an observation period, to be followed up by the evaluation committee's work body and to submit the results to the evaluation committee for its finalization.

Article 28 (Currence of an offence)

The change in the number of businessmarks registered by a well-known trademark owner has not been applied, and the time limit is being changed by the business sector; the delay is not rectified, with a fine of more than 5,000 dollars.

The use of the phrase “known trademarks in the Shanghai City” has been used and marked by a change in business sector orders, which can be fined by more than 5,000 yen; in exceptional circumstances, by a fine of up to 3,000 dollars.

Article 29 (Responsibility of evaluating Committee members)

The members of the Evaluation Committee have one of the following cases, with the abolition of their membership by the municipal and commercial sectors and their announcements:

(i) The use of participation in the evaluation process to gain undue benefits;

(ii) In violation of the norms of work, such as avoidance, confidentiality, which adversely affect them;

(iii) There is no justification for refusing to participate in evaluation activities.

Article 31 (Administrative responsibility)

The business sector and its staff are one of the following cases, which are being restructured by their superior or supervisory authority and disposed of by law to the competent and other direct responsible personnel directly responsible; and are criminalized by law:

(i) To reject, without justification, the application identified by the famous trademarks;

(ii) Contrary to the prescribed procedures and identify the well-known trademarks;

(iii) The failure to fulfil, by law, prominent trademark protection and management responsibilities;

(iv) There are other acts of negligence, abuse of authority, favouring private fraud.

Chapter V

Article 31 (Centralmark)

The provisions of this approach relating to commodity trademarks are equally applicable to the trademarks.

Article 32 (Actual date of application)

This approach has been implemented effective 1 May 2012. The approach is pre-implemented by well-known trademarks, which continue to be effective within the time limits identified.