Shanghai Municipality, Carrying out the State Administration for Industry and Commerce, «Recognition and Protection of Well-known Trademarks Provisions» Several Implementing Opinions

Issued: December 15 2003

Main contents: The Opinions list the application documents for recognition and protection of well-known trademarks to be submitted to the Shanghai Municipal Administration for Industry and Commerce (SHAIC) (Item Four). The Opinions also specify the procedures for examination of the application materials. For example, the SHAIC has to determine whether a trademark has gained a popularity based on a list of criteria:
(1) whether it has been recognized as a well-known trademark by a provincial-level administration for industry and commerce;
(2) whether it has been listed under the national or Shanghai directory of foreign trademark protection;
(3) whether it has a relatively high popularity in the industry and whether its products are among the top of the list in the industry in terms of economic indicators such as the amount of sales;
(4) when it is used as an enterprise name, whether it enjoys a traditional, well-known Chinese name; and
(5) other relevant materials recording that it has been protected as a well-known trademark.
The other two factors, whether the trademark is outstanding and whether there is confusion in the market, are also taken into consideration.
Related legislation: Recognition and Protection of Well-known Trademarks Provisions, Apr 17 2003, CLP 2003 No.6 p53; PRC Trademark Law (2nd Revision), Oct 27 2001, CLP 2001 No.10 p75; PRC Trademark Law Implementing Regulations, Aug 3 2002, CLP 2002 No.8 p85 and Administration of the Registration of Enterprise Names Provisions, Jul 22 1991, CLP 1991 No.7 p8