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Interim Measures for Service Providers from Hong Kong or Macao to Provide Trademark Agency Services in the Mainland 2004-11-24

Article 1 From January 1, 2005, service providers from Hong Kong or Macao are permitted to set up limited liability companies in the Mainland in the form of equity joint venture, cooperative joint venture or wholly-owned enterprise to undertake trademark agency service.

Article 2 A service provider from Hong Kong or Macao shall, after obtaining the certificate of approval issued by the organ granting the approval, go through the registration procedures in the administration for industry and commerce of the province, autonomous region, or municipality directly under the Central Government where the enterprise is established.

The documents to be submitted by a service provider from Hong Kong or Macao for going through the registration procedures shall include the identification certificate documents that conform to the definition of "service provider" and relevant provisions in Annex 5 of the "Mainland/Hong Kong Closer Economic Partnership Arrangement" and Annex 5 of the "Mainland/Macao Closer Economic Partnership Arrangement".

Article 3 The administration for industry and commerce of each province, autonomous region, or municipality directly under the Central Government shall submit to the Trademark Office monthly the relevant information on the trademark agency organizations registered in accordance with these Measures, with the submitted contents including: names, domiciles, legal representatives, telephone numbers, and postal codes of the organizations.

Article 4 Other matters concerning service providers from Hong Kong or Macao to set up trademark agency organizations in the Mainland shall be handled in accordance with the laws, regulations, rules and other relevant provisions on foreign investment registration.

The issues concerning the undertaking of trademark agency by the trademark agency organizations established in the Mainland by service providers from Hong Kong or Macao shall be handled in accordance with the laws, regulations, rules and relevant provisions on trademark agency.

Article 5 These Measures shall go into effect on January 1, 2005.