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How to apply for famous trademark recognition

The recognition of famous trademarks in Shanghai must be based on the laws and regulations of famous trademarks in other provinces and cities. Chapter 1 General Provisions Article 1 is to improve the visibility and market competitiveness of Shanghai trademarks and strengthen the recognition of famous trademarks. The protection of trademarks encourages Shanghai enterprises to actively create well-known trademarks that are influential in domestic and foreign markets and promotes the development of Shanghai's economy. These measures are specially formulated. Article 2 The Shanghai Administration for Industry and Commerce is the administrative authority for trademark work in Shanghai. It is responsible for the identification and protection of famous trademarks in Shanghai in accordance with the Trademark Law of the People's Republic of China and the responsibilities assigned by the Shanghai Municipal People's Government. Article 3 Shanghai's famous trademarks are trademarks with higher reputation, higher market share and higher added value in the market. Article 4 Famous trademarks in Shanghai are subject to case-by-case identification and special protection. Chapter 2 Organization Article 5 The Shanghai Administration for Industry and Commerce shall establish the Shanghai Famous Trademark Recognition Committee (hereinafter referred to as the “Recognition Committee”). The Recognition Committee has an office responsible for daily work. Article 6 The recognition committee shall perform the following duties: (1) Accept applications recommended by the district or county industrial and commercial administration bureaus; (2) Accept the applicant’s reconsideration of the district or county industrial and commercial administrative bureau’s rejection of recommendation; (3) Review application materials ; (4) Solicit opinions from relevant parties; (5) Make review decisions on famous trademark applications; Article 7 District and county industrial and commercial administration bureaus shall perform the following duties: (1) Accept applications for Shanghai famous trademarks from applicants within their jurisdiction; ( 2) Conduct a preliminary review of the application and make a recommendation or not; (3) Those who agree with the recommendation should submit recommendation materials; those who do not recommend should submit filing materials. Article 8 The candidates for the recognition committee shall be determined by the Shanghai Administration for Industry and Commerce, and the number of members shall be an odd number. The Recognition Committee holds irregular meetings from April to October every year to review applications for "Shanghai Famous Trademarks". Chapter 3 Conditions Article 9 Shanghai's famous trademarks shall meet the following conditions: (1) The trademark has been registered and actually used for more than three years; (2) The trademark is used in a large area, has a high reputation in the domestic market, and is Well-known to the relevant public; (3) The goods or services referred to by the trademark are of excellent quality and can remain stable for a long time; (4) The main economic indicators such as output, sales, profits, market share and other indicators of the goods or services referred to by the trademark Ranking among the best in the same industry; (5) The trademark is widely publicized, covers a wide area, and achieves remarkable results; (6) The trademark owner has a strong trademark awareness and pays attention to the use, management and protection of trademarks; (7) The export of goods Trademarks should be registered in more countries (regions) and have a wider sales area. Chapter 4 Procedures Article 10 Enterprises, institutions, social groups, and individual industrial and commercial households established in accordance with the law in this city may apply for Shanghai famous trademarks if their trademarks registered in China meet the conditions for famous trademarks in Shanghai. Article 11 Applications for famous trademarks in Shanghai shall be made voluntarily by the applicant, and the applicant shall bear the burden of proof. The applicant should provide relevant materials in accordance with the conditions for famous trademarks in Shanghai, and attach supporting materials for the past three years. Article 12 Those applying for a Shanghai famous trademark should fill in the "Shanghai Famous Trademark Recognition Application Form" and submit an application to the local regional or county industrial and commercial administration bureau. The district or county industrial and commercial administration bureau will conduct a preliminary review based on the conditions and materials provided by the applicant. If it is deemed that it meets the conditions for Shanghai's famous trademarks, it will sign an opinion and recommend it to the recognition committee; if it does not meet the conditions for Shanghai's famous trademarks, it will not be recommended. The applicant will be notified of the review results and reported to the accreditation committee for record. Article 13 If an applicant has objections to the preliminary review opinions of the district or county industrial and commercial administration bureau, he or she may request a reconsideration from the determination committee. After reconsideration by the Recognition Committee, if the request is deemed to be justified, it will be transferred to the local regional or county industrial and commercial administration bureau for re-examination, or the Recognition Committee will directly accept the application; if the Recognition Committee is deemed that the request is unsubstantiated, the application will not be accepted and the applicant will be notified. Article 14 The recognition committee shall review the materials recommended and submitted by the district or county industrial and commercial administration bureaus. If investigation and verification are required, the Shanghai Trademark Association shall be entrusted to investigate. Article 15 The Shanghai Trademark Association shall, as entrusted by the Recognition Committee, investigate and verify the relevant materials submitted by the applicant. Article 16 The Recognition Committee shall seek opinions from industry organizations, consumer associations, trademark management departments, quality supervision departments and other relevant parties on the trademarks applied for recognition. Article 17 The Recognition Committee convenes a Shanghai Famous Trademark Approval Meeting. To be valid, the approval of a famous trademark must be attended by more than four-fifths of the committee members and approved by a secret vote of more than two-thirds of the committee members present at the meeting.

Article 18 Every time a famous trademark is recognized, the recognition committee shall prepare a "Shanghai Famous Trademark Recognition Voting Form". Article 19 Members of the Determination Committee may not entrust others to attend meetings on their behalf, nor may they entrust others to vote on their behalf. Article 20 If a trademark is recognized as a famous trademark in Shanghai, the Shanghai Administration for Industry and Commerce will issue a certificate of recognition and make an announcement; if it is not recognized, the recommending unit and the applicant will be notified in writing. Chapter 5 Protection Article 21 Shanghai’s famous trademarks are important intellectual property rights of enterprises. The industrial and commercial administrative organs shall comply with laws, regulations, such as the Trademark Law, the Anti-Unfair Competition Law, the Regulations on the Management of Enterprise Names, etc. regulations and strengthen the protection of famous trademarks in accordance with the law. Article 22 Trademarks recognized as Shanghai famous trademarks may receive or apply for the following special protections: (1) Shanghai famous trademarks are extended to the protection of enterprise names, and others are prohibited from using Shanghai famous trademarks in the same industry or related fields. The name of the company shall be used as the enterprise trade name; there will be no retroactive effect on the enterprise trade names that existed before the recognition; (2) Products with Shanghai famous trademarks are regarded as "well-known products", and others are prohibited from using the unique names, packaging, etc. on the Shanghai famous trademark products without authorization. Decoration; (3) Prohibiting others from diluting, vilifying or belittling Shanghai's famous trademarks in various ways; (4) The Shanghai Administration for Industry and Commerce regularly issues the "Shanghai Famous Trademark Protection List" and copies the notice to local industrial and commercial administrations management agency. Industrial and commercial administrative agencies at all levels have proactively intervened and strengthened protection of Shanghai's famous trademarks in market supervision and law enforcement. Anyone who counterfeits Shanghai's famous trademarks will be severely punished in accordance with the Trademark Law and relevant industrial and commercial regulations; (5) Expand the registration protection of Shanghai's famous trademarks. When Shanghai famous trademarks apply for trademark expansion registration protection, if there are difficulties, the relevant industrial and commercial administrative organs of this city will help coordinate or issue relevant certificates; (6) The Shanghai Consumers Association will use the complaint supervision network to provide feedback on Shanghai famous trademarks Information on market reputation, market share, counterfeiting and infringement, etc. For those who are counterfeited and infringed in other places, the relevant industrial and commercial administrative agencies will provide consultation, guidance, coordination and other services. Chapter 6 Management Article 23 The rights holders of Shanghai’s famous trademarks shall strengthen trademark management and protection and consciously safeguard the credibility of Shanghai’s famous trademarks. Article 24 Shanghai famous trademark rights holders shall not abuse their rights, destroy trademark reputation, harm the interests of consumers or users. Anyone who commits any of the following acts may report it to the Recognition Committee. After verification by the Recognition Committee, Shanghai The Municipal Administration for Industry and Commerce ordered him to make corrections within a time limit and, in serious cases, revoked his famous trademark qualification. (1) Use beyond the scope of approved trademarks and approved goods; (2) Abuse of licenses and trade in trademark logos in disguise; (3) Use the reputation of famous trademarks to produce shoddy products, harming the interests of consumers (users); (4) ) transfers its trademark for free or at a low price, and transfers its trademark in a joint venture, cooperation, or joint venture without approval from the evaluation and relevant industrial and commercial administrative agencies; (5) advertising for it in the name of an administrative agency; (6) Other violations of laws, regulations and rules. Article 25 The cancellation of a famous trademark in Shanghai shall be announced by the Shanghai Administration for Industry and Commerce. Article 26 If it is difficult to maintain the reputation of a Shanghai famous trademark due to product aging, obsolescence, market changes, etc., the trademark owner may voluntarily request to cancel its "Shanghai famous trademark". After review by the recognition committee, the Shanghai Administration for Industry and Commerce will cancel its famous trademark qualification. Article 27 If the name of a famous trademark registrant changes, he shall apply to the Recognition Committee for change. Chapter 7 Discipline Article 28 If an applicant commits fraud, forges evidence, or uses other means to collude with relevant personnel to seek improper benefits when applying for a Shanghai famous trademark, his or her application qualifications will be disqualified and he or she will not be allowed to apply again within three years. Article 29 Members of the Recognition Committee and relevant staff shall adhere to the principles of openness, fairness, and impartiality in the recognition and protection of famous trademarks in Shanghai, and shall consciously be bound by professional ethics and integrity regulations, and shall not engage in fraud, favoritism, or gossip. Do not use power to seek personal or departmental interests. Article 30: The identification and protection work shall be carried out free of charge, and no unit shall charge arbitrary fees. Article 31 District and county committee members who participate in the accreditation committee shall recuse themselves when reviewing the applications of applicants from their own districts and counties; relevant committee members and relevant staff members shall recuse themselves if they are involved in an interest relationship with the applicant; Personnel who investigated the relevant materials shall recuse themselves from the review of the application. Relevant committee members or staff members that the applicant believes have an interest in the applicant may apply to recuse themselves.

The revocation of a member or staff member shall be decided by the director of the Recognition Committee, and the revocation of the director of the Recognition Committee shall be decided by the Director of the Shanghai Administration for Industry and Commerce. Article 32 All relevant personnel involved in this work shall properly keep the relevant information of the applicant and bear the responsibility of keeping it confidential. Article 33 If a member of the recognition committee seriously violates disciplines at work, the Shanghai Administration for Industry and Commerce will revoke his or her membership qualifications; if a staff member seriously violates disciplines, the recognition committee will suspend his or her relevant work; for serious violations of disciplines, The personnel involved will also be held accountable by relevant parties. Chapter 8 Supplementary Provisions Article 34 If a trademark is recognized as a famous trademark in Shanghai, it shall be valid for three years from the date of issuance; upon expiration, the applicant shall apply for re-recognition. If a trademark fails to apply for re-recognition within the time limit, its famous trademark qualification will be revoked by the Shanghai Administration for Industry and Commerce after verification by the Recognition Committee, and it will not enjoy special protection. Shanghai's famous trademarks selected before the implementation of these Measures have not been recognized by the Recognition Committee and do not enjoy the special protection of these Measures. Article 35 Those who apply for recognition as "China's Well-known Trademarks" by the Trademark Office of the State Administration for Industry and Commerce will be recommended by the Shanghai Municipal Administration for Industry and Commerce among the "Shanghai Famous Trademarks". Article 36: Relevant forms shall be uniformly produced by the accreditation committee. Article 37 The Shanghai Administration for Industry and Commerce is responsible for the interpretation of these Measures. Article 38 These Measures shall come into effect on September 1, 1996.