（Translation for Reference Only）

Administrative Measures for the Shanghai Key Trademark Protection List

Article 1 In order to implement the Opinions on Strengthening Intellectual Property Protection of the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council, implement the major measures of Shanghai to expand opening-up, promote the construction of "four brands", further strengthen trademark administrative protection, improve law enforcement and supervision efficiency, and build an international pacesetter for intellectual property protection, according to the provisions of the Trademark Law of the People's Republic of China and the Regulations for the Implementation of the Trademark Law of the People's Republic of China and other laws and regulations, and in combination with the actual work of the city, these measures are formulated.

Article 2 The key trademarks referred to in these measures refer to registered trademarks in Shanghai that have a good reputation, a large market influence, are easily infringed upon and counterfeited, and require greater protection.

Key trademarks are subject to list management. The Shanghai Intellectual Property Administration is responsible for the formulation and management of the "Shanghai Key Trademark Protection List" (hereinafter referred to as the "Protection List"). The Shanghai Intellectual Property Administration may entrust a third-party organization to carry out related work as needed.

Article 3 The management of the Protection List is in accordance with the basic principles of departmental coordination, classified supervision, credit restraint, and joint punishment.

Article 4 The city's intellectual property departments shall strengthen cooperation with judicial organs and departments related to development and reform, economic and information technology, commerce, customs and other areas, as well as with the intellectual property departments in other provinces and cities to establish and improve a mutual recognition and collaborative protection mechanism for the Protection List.

Article 5 The following registered trademarks may apply for inclusion in the Protection List:

(1) Well-known trademarks recognized by the China National Intellectual Property Administration in this city;

(2) Domestic and foreign trademarks with a good reputation in this city;

(3) Trademarks that have encountered infringement and counterfeiting in this city and the protection of which need to be strengthened;

(4) Key support trademarks and cultivation trademarks that meet the requirements of this city's "four brands" construction and industrial development orientation;

(5) Other trademarks that need strengthened protection.

Article 6 Registered trademarks that meet the requirements of Article 5 may be included in the Protection List by the Shanghai Intellectual Property Administration on its own initiative or in accordance with one of the following methods:

(1) Recommended by relevant municipal or higher-level units;

(2) Recommended by relevant government departments responsible for organizing, hosting or undertaking major events (projects);

(3) Reported by intellectual property administrations of various districts after accepting applications from trademark right holders;

(4) Other ways to include them in the Protection List.

Article 7 When the Shanghai Intellectual Property Administration includes registered trademarks in the Protection List on its own initiative, trademark right holders shall cooperate and submit the following materials:

(1) Relevant trademark registration certificate;

(2) Identity certificate of trademark right holder;

(3) Contact information of trademark right holder;

(4) Other materials that need to be submitted.

Article 8 Those who apply for inclusion in the Protection List by recommendation shall require trademark right holders to submit the following materials:

(1) Trademark registration certificate;

(2) Identity certificate of trademark right holder;

(3) Contact information of trademark right holder;

(4) Other materials that need to be submitted.

The recommending unit shall submit both the recommendation letter and the materials submitted by trademark right holders to the Shanghai Intellectual Property Administration.

Article 9 Trademark right holders who apply for inclusion in the Protection List on their own initiative shall submit the following application materials to district intellectual property administrations:

(1) Application form;

(2) Trademark registration certificate;

(3) Identity certificate of trademark right holder;

(4) Relevant certification materials that meet the requirements of Article 5;

(5) Contact information of trademark right holder;

(6) Other materials that need to be submitted.

Article 10 Those who apply for inclusion in the Protection List by recommendation may entrust relevant district intellectual property administrations to verify the authenticity of application materials. Relevant district intellectual property administrations shall report the verification results to the Shanghai Intellectual Property Administration in a timely manner.

Article 11 The district intellectual property administrations shall complete the examination work and put forward examination opinions within 30 days after receiving the materials accepted by the trademark right holders. Those who are deemed eligible for inclusion in the Protection List will be reported to the Shanghai Intellectual Property Administration; those who are deemed ineligible will be notified.

Article 12 If the trademark right holder in the Protection List is responsible for either one of the following, Shanghai Intellectual Property Administration shall remove the trademark from the Protection List in a timely manner:

(1) Adverse social impact caused by the quality of the key trademark goods (services);

(2) Submitting false materials or using other fraudulent means to include their registered trademarks in the Protection List;

(3) Undertaking other illegal and dishonest acts.

Article 13 The Shanghai Intellectual Property Administration may adjust relevant trademarks out of the Protection List at an appropriate time every year according to the development status of trademarks in the Protection List and the actual needs of trademark protection work in the city.

Article 14 The Shanghai Intellectual Property Administration shall announce the inclusion, removal and adjustment of trademarks in the Protection List to the society.

Article 15 The Shanghai Intellectual Property Administration shall publish the Protection List on its official website. It may also publish it through other public platforms like news media.

Article 16 The Shanghai Intellectual Property Administration shall share the Protection List with relevant departments in this city and intellectual property departments of other provinces and cities.

Article 17 The city's intellectual property departments shall strengthen supervision and inspection of acts that infringe upon the exclusive right to use registered trademarks in the Protection List, and carry out special trademark protection law enforcement actions in a timely manner. The Shanghai Intellectual Property Administration shall give priority to supervising cases involving key trademarks.

Article 18 If a trademark right holder is maliciously preempted by others for a trademark in the Protection List, he/she may request assistance from the city's intellectual property departments. The city's intellectual property departments shall provide legal guidance and seek timely support from the China National Intellectual Property Administration.

Article 19 The city's intellectual property departments shall collect evidence of infringement of trademarks in the Protection List in other provinces and cities, give full play to the role of cross-regional intellectual property administrative protection coordination mechanism, carry out cross-regional and cross-provincial trademark infringement law enforcement protection coordination, and improve the protection efficiency of trademarks included in the Protection List.

If the trademark right holder in the Protection List has his/her exclusive right to using a registered trademark infringed by a party based outside the administrative area of the city, he/she may request assistance from the city's intellectual property departments. The city's intellectual property departments shall communicate and coordinate with the intellectual property departments of other provinces and cities, and provide guidance for parties to protect their legitimate trademark rights and interests.

Article 20 The city's intellectual property departments shall strengthen cooperation with the public security, procuratorate, court, customs and other departments to establish a key trademark protection coordination mechanism, share infringement clues, strengthen crackdowns, and do a good job in protecting trademarks in the Protection List.

Article 21 The city's intellectual property departments shall provide expert consultation, legal policy interpretation, information collection and release services for international registration and protection of trademarks in the Protection List, and request support from the China National Intellectual Property Administration for trademark overseas rights protection as and when it is appropriate.

Article 22 These measures shall come into force on July 1, 2020 and shall be valid until June 30, 2025. The "Shanghai Key Trademark Protection List" formulated and issued by the original Shanghai Administration for Industry and Commerce according to the "Administrative Measures for the Shanghai Key Trademark Protection List (Trial)" (Hu Gong Shang Gui [2018] No. 5) shall apply these measures.