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Measures for the Implementation of Madrid International Registration of Trademarks 2003-04-17

Order of the State Administration for Industry and Commerce of the People’s Republic of China
No. 7

Measures for the Implementation of Madrid International Registration of Trademarks deliberated and adopted by the bureau service conference of the State Administration for Industry and Commerce of the People’s Republic of China, are hereby promulgated and shall be come into force as of the day of June 1, 2003.

Director of the State Administration for Industry and Commerce, Wang Zhongfu
April 17, 2003

Article 1 The Measures are formulated in accordance with Article 12 of the Regulation for the Implementation of the Trademark Law of the People’s Republic of China (hereinafter referred to as the Regulation).

International registration of trademarks prescribed in Article 12 of the Regulation shall mean the international registration of trademarks made in accordance with the Madrid Agreement Concerning the International Registration of Trademarks (hereinafter referred to as the Madrid Agreement), the Protocol Relating to the Madrid Agreement Concerning International Registration of Trademarks (hereinafter referred to as the Madrid Protocol) or the Common Regulations on Implementing the Madrid Agreement Concerning the International Registration of Trademarks and the Protocol Relating to that Agreement (hereinafter referred to as the Common Regulations).

Article 2 The Measures shall apply to the applications for international registration of trademarks with China as the country of origin, applications designating China for territorial extension, and other related applications.

The overseas registration of trademarks not through the Madrid system shall not fall within the governing scope of the Measures. The applicant may entrust a trademark agency organization, or a foreign representative or law firm, or its branch company abroad to make the registration.

Article 3 Whoever applies for international registration of a trademark with China as the country of origin shall have a genuine and effective industrial and commercial business place in China, or have its domicile in China, or have the nationality of China.

Article 4 For an applicant with the qualifications prescribed in Article 3 of the present measures for international registration of trademarks, if his/its trademark has been registered in the Trademark Bureau of the administrative department for industry and commerce under the State Council (hereinafter referred to as the Trademark Bureau), he/it may apply for international registration of the trademark in accordance with the Madrid Agreement.

For an applicant with the qualifications prescribed in Article 3 of the present measures for international registration of trademarks, if his/her trademark has been registered in the Trademark Bureau, or an application for registration of the trademark has been filed to the Trademark Bureau, he/it may apply for international registration of the trademark in accordance with the Madrid Protocol.

Article 5 Whoever applies for the international registration of a trademark shall handle the application through the Trademark Bureau.

The applicant or the trademark agency organization which he/it entrusts may either directly submit an application to the Trademark Bureau, or post the application to the Trademark Bureau.

Article 6 Whoever applies for the later-stage designation, waiver, cancellation, etc. concerning the international registration of marks related to the Madrid Agreement shall handle the said matters through the Trademark Bureau. Whoever applies for the transfer, abridgement, modification of the registrant’s name or address, modification of the agent’s name or address, renewal, etc. concerning the international registration of marks related to the Madrid Agreement may handle the said matters either through the Trademark Bureau, or directly in the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau).

Whoever applies for the later-stage designation, transfer, abridgement, waiver, cancellation, modification of the agent’s name or address, modification of the agent’s name or address, renewal, etc. concerning the international registration of marks related to the Madrid Protocol may handle the said matters either through the Trademark Bureau, or directly in the International Bureau.

The applicant or the trademark agency organization entrusted may, when filing an application through the Trademark Bureau, either directly submit or post the application to the Trademark Bureau.

The applicant or the trademark agency organization entrusted may, when filing an application directly to the International Bureau, either submit or post the application to the International Bureau.

Article 7 Whoever applies for international registration of a trademark or handles other related matters through the Trademark Bureau may fill in the involved forms either in the English or French style provided by the International Bureau, or in the Chinese style made by the Trademark Bureau, provided that it shall pay the translation fee to the Trademark Bureau.

Whoever applies for international registration of a trademark or handles other related matters shall in addition to paying the fees prescribed in the Common Regulations pay the service fee to the Trademark Bureau.

Article 8 Where the applicant for international registration of a trademark is a natural person, he shall clearly write down his Chinese name. Where the applicant is a legal person or other organization, it shall clearly write down its full name in Chinese.

Where a natural person, legal person or other organization has a corresponding translated name in a foreign language, he/it may indicate the translated name in the foreign language. Where there is no such a translated name in the foreign language, he/it shall indicate the corresponding Chinese phonetic alphabet.

Article 9 The applicant shall indicate his/its detailed address (including the communication address and the zip code), telephone number, fax number, etc. in the application for international registration of a trademark.

Article 10 One application for international registration of a trademark may either designate one class of commodities or services, or designate two or more classes of commodities or services.

Article 11 An applicant shall, when applying for international registration of a trademark, submit the following annexes:
(1)1 photocopy of domestic trademark registration certificate, or 1 photocopy of the notification on acceptance of the application for registration of trademark that is issued by the Trademark Bureau;
(2)1 proof on the right of priority if claimed;
(3)1 proof on the applicant’s qualifications, such as a photocopy of the business license, a photocopy of the residence proof, or a photocopy of the identity certificate, etc.;
(4)1 power of attorney if the application is in the form of an entrusted agency;
(5)2 patterns of the trademark, the size of which shall be no more than 80mm*80mm, and no less than 20mm*20mm.

Article 12 The date when the Trademark Bureau receives the application for international registration of a trademark shall be the application date.

Where the application for international registration of the trademark is not filled in as prescribed, the Trademark Bureau shall return the application, and the application date shall not be reserved.

Where the particulars of the application are basically complete but still need to be supplemented, the Trademark Bureau shall notify the applicant or his agent to supplement them within 15 days as of the receipt of the notice. The date when the Trademark Bureau serves the supplementary notice to the party concerned by post shall be the post stamp date of receipt by the party concerned of the said notice. If the post stamp date is not clear or there is no post stamp, or the application is not returned by the post office, it shall be deemed as having been served to the party concerned 15 days after the notice is sent out. If the said particulars are not supplemented, the application shall be deemed as having been waived, and the Trademark Bureau shall notify the applicant in writing.

With respect to an application for international registration of a trademark or other application filed through the Trademark Bureau, the applicant shall pay the relevant fees to the Trademark Bureau if so required by the provisions within 15 days as of the receipt of the Trademark Bureau’s notice on payment of such fees. The date when the Trademark Bureau serves the notice on payment of fees to the party concerned by post shall be the post stamp date of receipt by the party concerned of the said notice. If the post stamp date is not clear or there is no post stamp, or the application is not returned by the post office, it shall be deemed as having been served to the party concerned 15 days after the notice on payment of fees is sent out. If the fees remain unpaid after the expiry of the time limit, the application shall be deemed as having been waived, and the Trademark Bureau shall notify the applicant in writing.

Article 13 Where the Trademark Bureau notifies the International Bureau to reject according to the power an application designating China for territorial extension, it does no longer have to confirm the rejection with the International Bureau.

Article 14 Within 3 months as of the first day of the next month after the World Intellectual Property Organization’s "Gazette of International Trademarks" is published; anyone may propose dissents to the Trademark Bureau regarding the application designating China for territorial extension, which is published on the Gazette.

One dissent application may involve one class of commodities or services, or involve two or more classes of commodities or services.

Where the dissenter withdraws his application for dissent, the Trademark Bureau shall terminate the dissent procedure, and notify the party concerned in writing.

Article 15 The applicant for territorial extension of a collective trademark or certification trademark designating China shall, within 3 months as of the date when the trademark is registered in the international registration book of the International Bureau of the World Intellectual Property Organization, submit through a trademark agency organization the proof of subject qualification, the administrative rules on the use of trademarks and other documents of proof to the Trademark Bureau in accordance with the relevant provisions.

Where the applicant fails to submit the proof of subject qualification, the administrative rules on the use of trademarks and other documents of proof within the above said 3 months, the Trademark Bureau shall reject the application for territorial extension of the collective trademark or certification trademark.

Article 16 Where a transferor fails to apply for transferring his/its trademark in all classes in accordance with the law, the Trademark Bureau shall notify the registrant for international trademark to make a correction within 30 days as of the receipt of the notice; if the transferor fails to make the correction before the expiry of the time limit, the Trademark Bureau shall make a decision that the transfer is invalid in China, and shall declare that to the International Bureau. If the party concerned refuses to accept the Trademark Bureau’s declaration, he/it may, within 30 days as of the receipt of the Trademark Bureau’s declaration, bring a lawsuit to the people’s court. If the party concerned fails to bring a lawsuit before the expiry of the time limit, the Trademark Bureau’s decision shall become effective. The effective date shall be the date when the Trademark Bureau makes the decision.

Where the abridgement of contents does not conform to the requirements of China on classification of commodities and services, the Trademark Bureau shall make a decision that the abridgement is ineffective in China, and shall declare that to the International Bureau. If the party concerned refuses to accept the Trademark Bureau’s declaration, he/it may, within 30 days as of the receipt of the Trademark Bureau’s declaration, bring a lawsuit to the people’s court. If the party concerned fails to bring a lawsuit before the expiry of the time limit, the Trademark Bureau’s decision shall become effective. The effective date shall be the date when the Trademark Bureau makes the decision.

Article 17 Whoever intends to permit others to use his/its internationally registered trademark inside the territory of China shall grant the permission in accordance with the Trademark Law and the Regulation.
Article 18Where an applicant for territorial extension designating China replaces the registration of trademarks in China by the international registration of trademarks, the international registration shall not impact the already obtained right to registration of trademarks in China.

Whoever demands to replace the registration in a prior country by the international registration in the trademark registration book of the Trademark Bureau shall handle the replacement through a trademark agency organization, and shall pay fees as prescribed.

Article 19 Where an internationally registered trademark that has been protected in China is under any of the circumstances prescribed in Article 41 of the Trademark Law, the trademark owner or interested person or other person may, in light of different situations, apply to the Trademark Review and Adjudication Board for ruling the dispute or ruling to revoke the trademark which has been protected in China. The application for ruling shall be filed after the expiry of the time limit for rejection of the trademark in China.

Article 20 Whoever designates China to protect international registration of trademarks may, as of the date when the time limit for rejection of his/its trademark has expired, entrust a trademark agency organization to apply to the Trademark Bureau for issuing the certificate proving that his/its trademark has been protected in China.

Article 21 The Measures shall enter into force as of June 1, 2003. The Measures for the Implementation of Madrid International Registration of Trademarks promulgated by the State Administration for Industry and Commerce on May 24, 1996 shall be repealed simultaneously.