（Translation for Reference Only）

Administrative Measures for the Shanghai Key Trademark Protection List

Article 1 In order to speed up Shanghai's efforts to become an international hub for the protection of intellectual property (IP) and an important international IP city, further strengthen the administrative protection of trademarks and enhance protection efficiency, these Measures are formulated in accordance with the Trademark Law of the People's Republic of China, the Regulations for the Implementation of the Trademark Law of the People's Republic of China, the Regulations of Shanghai Municipality on Intellectual Property Rights Protection and other laws and regulations, and in combination with the city's actual situation.

Article 2 The term "key trademarks" as mentioned herein refers to registered trademarks in Shanghai that enjoy a high reputation, have a great influence on markets, and are susceptible to counterfeiting or infringement.

Article 3 Key trademarks shall be managed through inclusion on the Shanghai Key Trademark Protection List. 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") in collaboration with district intellectual property offices.

Article 4 The management of the Protection List adheres to the basic principles of cross-departmental collaboration, classified regulation, credit constraint, and joint punishment.

The city's IP departments shall strengthen cooperation with judicial organs and governmental authorities of the city and IP departments of other provinces and cities to establish and improve the mutual recognition and collaborative protection mechanism for the Protection List.

Article 5 The following registered trademarks may be included in the Protection List:

(1) Well-known trademarks recognized by the China National Intellectual Property Administration or the former State Administration for Industry and Commerce;

(2) Trademarks with a strong reputation;

(3) Trademarks that have encountered infringement or counterfeiting;

(4) Trademarks that are registered in bad faith with intent to harm others' legitimate interests;

(5) Trademarks that meet requirements for brand building and industrial development orientation.

Article 6 Registered trademarks that meet the requirements of Article 5 may be included in the Protection List by the Shanghai Intellectual Property Administration as follows:

(1) included by the Shanghai Intellectual Property Administration on its own initiative with trademark owners' consent;

(2) reported by district intellectual property offices after acceptance and preliminary review of applications from trademark owners and approved by the Shanghai Intellectual Property Administration.

Article 7 When the Shanghai Intellectual Property Administration includes a registered trademark in the Protection List on its own initiative, the trademark owner shall submit the following evidentiary materials:

(1) Trademark registration certificate;

(2) Trademark owner's identity certificate;

(3) Trademark owner's contact information; and

(4) Other materials as required in Article 5.

Article 8 Any trademark owner who voluntarily applies for inclusion in the Protection List shall submit the following evidentiary materials to the district intellectual property office:

(1) Application form;

(2) Trademark registration certificate;

(3) Trademark owner's identity certificate;

(4) Trademark owner's contact information; and

(5) Other materials as required in Article 5.

The district intellectual property office shall, within 30 days after receiving the application, check these evidentiary materials for authenticity, legitimacy and relevance. Those who are deemed eligible for inclusion in the Protection List will be reported to the Shanghai Intellectual Property Administration together with the evidentiary materials submitted by the trademark owner; those who are deemed ineligible will be notified.

Article 9 A key trademark that has been included in the Protection List shall be removed from the Protection List if:

(1) a registered trademark is revoked, cancelled or declared invalid according to law;

(2) it is determined to have a negative influence on society, or the trademark owner is included in the list of seriously untrustworthy entities or the list of untrustworthy persons subject to enforcement published by the People's Court;

(3) false materials are submitted, or registered trademarks are included in the Protection List through other fraudulent means; or

(4) the trademark owner voluntarily applies for removal from the Protection List.

Under any of the aforementioned circumstances, the Shanghai Intellectual Property Administration shall conduct investigations and make decisions in conjunction with the trademark owner and the district intellectual property office.

Article 10 The Shanghai Intellectual Property Administration shall publicly announce the inclusion and removal of key trademarks in the Protection List in a timely manner.

Article 11 The Shanghai Intellectual Property Administration shall publish the Protection List on its official website or publish it through other public platforms or news media.

Article 12 The city's IP departments shall strengthen supervision and inspection over acts that infringe upon the exclusive right to use registered trademarks in the Protection List and carry out special trademark protection actions in a timely manner. The Shanghai Intellectual Property Administration shall give priority to supervising infringement cases involving key trademarks.

Article 13 Any trademark owner who is maliciously preempted by others for a trademark in the Protection List may request assistance from the city's IP departments. The city's IP departments shall actively provide legal guidance and seek timely support from the China National Intellectual Property Administration.

Article 14 The city's IP departments shall duly collect evidence of infringement of trademarks in the Protection List in other provinces or cities and leverage the mechanism for collaboration on cross-regional intellectual property administrative protection to carry out cross-regional and cross-provincial collaboration in law enforcement against trademark infringement, so as to realize more efficient protection of trademarks included in the Protection List.

If a trademark owner in the Protection List requests assistance from the city's IP departments because his/her exclusive right to use a registered trademark is infringed upon outside the administrative area of the city, the city's IP departments shall promptly communicate and coordinate with the IP departments of other provinces or cities and provide guidance for the parties concerned to safeguard their legitimate rights and interests associated with the trademark.

Article 15 The city's IP departments shall strengthen cooperation with judicial organs and governmental authorities to establish a coordination mechanism for the protection of key trademarks, share infringement clues, and strengthen crackdowns to ensure that trademarks in the Protection List are well protected.

Article 16 The city's IP departments shall provide professional consultation services, interpretations of laws and policies, information collection and release services for the international registration and protection of trademarks in the Protection List.

Article 17 These Measures shall come into force on Feb 1, 2025 and be valid until Jan 31, 2030, and shall be interpreted by the Shanghai Intellectual Property Administration.