Article 2. These Measures shall apply
to applications for international registration of marks with China being the
country of origin, and applications designating territorial extension to
China and other relevant applications.
Article 3. Any party applying for international registration of a mark with china being the country of origin shall have real and effective industrial or commercial establishments in China, or be domiciled in China, or be a Chinese national.
Article 4. Where any party is eligible
for the international registration of a mark as provided under Article 3 of
these Measures and his or its mark has been registered in the Trademark
Office of the Administrative Authority for Industry and Commerce under the
State Council (hereinafter referred to as the Trademark Office), he or it may
apply for international registration of the mark under the Madrid agreement.
Article 5. Any party applying for
international registration of a mark shall deal with the matter through the
Article 6. Any party filing an
application in respect of matters such as subsequent designation,
renunciation or cancellation of the international registration of a mark
under the Madrid Agreement shall deal with the matter through the Trademark
Office. Any party filing an application in respect of such matters as
assignment, reduction of goods or services, modification of the name or
address of the registrant, modification on the name or address of an agent or
renewal of the international registration of the mark under the Madrid
Agreement may deal with the matter through the Trademark office or directly
at the International Bureau of the World Intellectual Property Office
(hereinafter referred to as the International Bureau).
Article 7. Any party applying for
international registration of a mark or dealing with other relevant matters
through the Trademark Office may fill out the English or French forms
prepared by the International Bureau, or fill out the Chinese forms prepared
by the Trademark Office, but it or he shall pay the Trademark Office the
Article 8. If the applicant for international
registration of a mark is a natural person, he shall indicate his Chinese
name. If the applicant is a legal person or any other organization, it shall
indicate its Chinese name in full.
Article 9. An applicant shall indicate his or its address in full (including the address and postal code) in the application for international registration of a mark, telephone number and facsimile number.
Article 10. An application for international registration of a mark may designate one class of goods or service, or two or more classes of goods or service.
Article 11. Applying for international
registration of a mark, the applicant shall furnish:
Article 12. The date on which the
Trademark Office receives an application for international registration of a
mark shall be the filing date.
Article 13. Where the Trademark Office notifies the International Bureau to reject, ex officio, an application requesting for territorial extension to China, the Trademark Office shall not confirm the rejection with the International Bureau any longer.
Article 14. Within 3 months after the
first day of the month following the publication of the International Mark by
the World Intellectual Property Organization, any party may file an
opposition with the Trademark Office against an application requesting for
territorial extension to China published in the said Gazette.
Article 15. An applicant requesting for
territorial extension of a collective mark or certification mark to China
shall submit£¬through a trademark agency and according to the relevant
provisions, to the Trademark Office the certificate of the qualification of
the subject, the regulation governing the use of the mark and any other
documents of certification within three months from the date of the entry of
the mark in the International Register of the International Bureau of the
World Intellectual Property Organization.
Article 16. Where an assignor fails to
apply, according to law, for assignment in a lump of all his or its identical
or similar marks in respects of the same or similar goods, the Trademark
Office shall notify the registrant for international registration of a mark
to rectify the situation within 30 days from the date of receipt of the
notification; if the situation is not rectified at the expiration of the time
limit, the Trademark Office shall decide that the said assignment is not
valid in China, and declare it to the International Bureau. Any interested
party who is not satisfied with the declaration by the Trademark Office may
institute legal proceedings with the people's court within 30 days from the
date of receipt of the declaration by the Trademark Office. Where no legal
proceedings is instituted at the expiration of the time limit, the decision
of the Trademark Office shall come into effect, and the date for the decision
to come into effect is the date on which the decision is made.
Article 17. Any party licensing another party to use his or its trademark of international registration in the territory of China shall deal with the matter in accordance with the Trademark Law and the Implementing Regulations thereof.
Article 18. Where an applicant
requesting for territorial extension to China substitutes his or its
trademark of international registration for a trademark registered in China,
the mark's international registration shall not affect the right of the
mark's registration obtained in China.
Article 19. Where a trademark of international registration under protection in China falls within the circumstances provided in Article 41 of the Trademark Law, the owner of the trademark or an interested party or any other party may, depending on the circumstances, apply to the Trademark Review and Adjudication Board for adjudication of a dispute or for adjudication on the cancellation of the said mark under protection in China. The application for adjudication shall be filed after the expiration of the time limit for rejection of the trademark in China.
Article 20. Any party who designates protection of international registration of a mark in China may, form the date of expiration of the time limit for rejection of the mark, appoint a trademark agency to apply to the Trademark Office for issuance of a certificate that his or its mark is under protection in China.
Article 21. These Measures shall enter into force on June 1, 2003, and the Measures for the Implementation of International Registration of Marks under Madrid Agreement issued by the State Administration for Industry and Commerce on May 24,1996 shall be simultaneously abrogated.