in order to standardize the identification of famous trademarks in Shanghai, protect the legitimate rights and interests of owners, users and consumers of famous trademarks in Shanghai, and promote economic development, these measures are formulated in accordance with the provisions of the Trademark Law of the People's Republic of China and other laws and regulations, combined with the actual situation of this Municipality. Article 2 (Definition)

The famous trademarks in Shanghai mentioned in these Measures (hereinafter referred to as "famous trademarks") refer to trademarks that are known to the relevant public and enjoy a high reputation in the local market and are recognized in accordance with the provisions of these Measures. Article 3 (Administrative Department)

The municipal industrial and commercial department is responsible for organizing the implementation of these Measures.

the departments of economic informatization, commerce, taxation, quality and technical supervision, intellectual property rights and statistics shall, according to their respective responsibilities, implement these measures in coordination. Article 4 (Appraisal Committee and its Working Body)

The famous trademark appraisal committee (hereinafter referred to as the "Appraisal Committee") organized by the municipal industrial and commercial department is responsible for the appraisal of the identification of famous trademarks.

The members of the review committee are composed of persons recommended by relevant departments and units, including:

(1) representatives of consumer protection committees, relevant trade associations, Shanghai Trademark Association and other social organizations;

(2) experts in the fields of economy, law and intellectual property;

(3) representatives of relevant departments such as industry and commerce, statistics, quality and technical supervision.

the daily affairs of the review Committee shall be undertaken by the working organization designated by the municipal industrial and commercial department (hereinafter referred to as "the working organization of the review Committee").

the method of formation, term of office and evaluation rules of members of the famous trademark review and adjudication board shall be formulated by the municipal industrial and commercial department and announced to the public. Article 5 (Basic Principles)

The application for recognition of famous trademarks shall be made on a voluntary basis.

the identification of famous trademarks follows the principle of "openness, fairness and justice".

this municipality encourages natural persons, legal persons and other organizations to apply for trademark registration in accordance with the law, so as to raise the awareness of trademarks and strive for famous trademarks. Article 6 (Principal Responsibility)

Owners and users of famous trademarks should engage in production and business activities in accordance with relevant laws, regulations, rules and standards, ensure the reliable and safe quality of the goods using famous trademarks, constantly improve the trademark use and management system, accept social supervision and assume social responsibilities. Chapter II Identification of Famous Trademarks Article 7 (Conditions for Application)

A trademark registrant may apply for the identification of a famous trademark if the following conditions are met:

(1) A trademark registrant is a natural person with a household registration or a residence permit in this city, or a legal person or other organization established in this city according to law;

(2) The trademark ownership is uncontroversial, it has been registered in China for 2 years and actually used for 3 years, and it has a high reputation among the relevant public;

(3) The goods using the trademark are reliable and safe in quality and have a good market reputation;

(4) The main economic indicators such as sales, profits and taxes of the goods using the trademark in the past three years are in the leading position in the same industry in this Municipality;

(5) Trademark registrants and users have established commodity quality complaints and dispute handling systems, which are running well;

(6) The trademark registrant has established a trademark use and management system and it is running well;

(7) The trademark registrant and user have not committed any serious illegal acts in recent 3 years.

the provisions of item (4) of the preceding paragraph shall not apply to a non-profit trademark registrant applying for the recognition of a famous trademark. Article 8 (Application)

The municipal industrial and commercial department shall issue an announcement before the end of March each year, specifying the time limit for applying for famous trademarks in that year, the application acceptance point and other matters.

when applying for the recognition of a famous trademark, a trademark registrant shall submit an application for recognition and relevant materials proving that it meets the conditions stipulated in Article 7 of these Measures to the local district or county industrial and commercial department.

the applicant shall be responsible for the authenticity and legality of the submitted materials. Article 9 (Acceptance and Examination)

The district and county industrial and commercial departments accept the entrustment of the municipal industrial and commercial departments and undertake the acceptance of applications for the recognition of famous trademarks.

the district and county industrial and commercial departments shall, within 3 days from the date of receiving the application materials, review whether the application materials are complete and make a decision on whether to accept them. If it decides to accept the application, it shall notify the applicant in writing and submit the application materials to the working body of the review committee within 1 days from the date of making the acceptance decision; If it decides not to accept the application, it shall notify the applicant in writing and explain the reasons.

if the application materials need to be corrected, the district and county industrial and commercial departments shall inform the applicant to make corrections within a time limit. If the applicant fails to make corrections within the time limit, it shall be deemed as giving up the application. Article 1 (Verification)

The working body of the review committee shall, within 3 months after receiving the materials submitted by the district and county industrial and commercial departments, investigate and verify whether the application for accreditation meets the conditions stipulated in Article 7 of these Measures, and submit a written report to the review committee.

when investigating and verifying the situation, the working body of the review committee shall solicit the opinions of relevant departments, trade associations, consumer protection committees and consumer representatives. Article 11 (Centralized Evaluation)

The evaluation committee shall hold a meeting to conduct centralized evaluation and voting on the accreditation application materials and the written report of the working body of the evaluation committee.

The number of members attending the review meeting shall account for more than two thirds of the total number of members of the review committee, and the review results of the review committee shall be produced by secret ballot. The application for accreditation can only be recognized as a famous trademark if it is approved by more than two-thirds of the total number of members attending the accreditation meeting.