Implementation Measures For The Madrid Trademark International Registration

Original Language Title: 马德里商标国际注册实施办法

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(April 17, 2003 of the State administration for industry and Commerce announced, 7th) article in accordance with the People's Republic of China implementing regulations of the trademark law (hereinafter regulations) 12th of the rules, these measures are formulated.
    Regulations for the implementation of the 12th International trademark registration provided for in article refers under the Madrid Agreement concerning the international registration of marks (hereinafter referred to as the Madrid Agreement) and the Protocol relating to the Madrid Agreement concerning the international registration of marks (hereinafter referred to as the Madrid Protocol) and the international registration of marks Madrid Agreement and the common detailed rules for the implementation of the Protocol relating to the agreement (hereinafter referred to as the common implementing rules) Regulations of the international registration of marks.
    Second approach is applicable to China as the origin of the international registration of marks application, designated China's territory extends application and other related applications. Not through the Madrid system for trademark registration abroad, not within the adjustment range of the present measures.
    Applicant may authorize a trademark Agency, or entrust foreign representatives or law firm, or its branch offices abroad to handle.
    Article in China, for the country of origin to apply for the international registration of marks should be in China, with a real and effective industrial or commercial premises, or has residence in China or Chinese nationality.
    This way, the article's qualification of the application for international registration of a trademark under article, whose trademark has been in administration for industry and Commerce Trademark Office of the State Council (hereinafter referred to as the Trademark Office) to be registered, you can apply for the international registration of trademarks under the Madrid Agreement.
    With this approach with qualification of the application for international registration of a trademark under article, whose trademark has been registered by the Trademark Office, or have been submitted to the Trademark Office trademark registration, may apply in accordance with the Madrid Protocol for the international registration of marks.
    Fifth application for the international registration of marks shall be handled by the Trademark Office.
    The applicant or the trademark agency organization entrusted may submit their applications directly to the trademark Bureau, you can post the application with the Trademark Office. The sixth application relating to the Madrid Agreement concerning the international registration of marks after named, renunciation, cancellation and other matters shall be handled by the Trademark Office.
    Applications relating to the Madrid Agreement concerning the international registration of marks, transfers, deletions, Registrant name or address changes, the agent's name or address changes, renewals and other matters can be handled by the trademark office or directly to the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau).
    Applications relating to the international registration of trademarks and the Madrid Protocol later specified, transfers, deletions, surrender, cancellation, change of name or address of the registered agent's name or address changes, renewals and other matters can be handled by the trademark office or directly to the International Bureau.
    Handled by the Trademark Office, the applicant or the trademark agency organization entrusted may submit their applications directly to the trademark Bureau, you can post the application with the Trademark Office.
    Directly to the International Bureau, the applicant or the trademark agency organization entrusted may submit an application to the International Bureau, or post the application to the International Bureau.
    The seventh International applications through the Trademark Office trademark registration and other related matters, you can use the instruments provided in English by the International Bureau or law to fill out, or you can use the Chinese trademark Bureau form to fill out, but are required to pay a fee for translation by the Trademark Office.
    Application for international registration of trademarks and other related matters, in addition to the common detailed rules for the implementation of pay the prescribed fee, there shall be paid to the Trademark Office for charges. The eighth an application for international registration of a trademark holder is a natural person, shall state its name in Chinese.
    The applicant is a legal person or other organization, shall state its full name in Chinese. Natural persons, legal persons or other organizations have foreign-language translations, may indicate that the foreign-language translation.
    No foreign-language translations, you should indicate the corresponding pinyin.
    Article the applicant shall indicate in the application for the international registration of marks their full address (include postal address and postal code), telephone number, fax number, and so on.
    Tenth international registration of a trademark application can specify a class of goods or services, or you can specify two or more categories of goods or services. 11th article application trademark international registered Shi, applicants should provides following Annex: (a) domestic trademark registered card copies 1 copies, or trademark Council issued of trademark registered application accepted notice copies 1 copies; (ii) requirements priority of, the priority proved 1 copies; (three) applicants qualification proved 1 copies, as license copies, and live proved copies, and ID pieces copies,; (four) delegate agent of, agent delegate book 1 copies; (five) trademark pattern 2 copies, its size is unlikely to Yu 80mmx
    80mm, not less than 20mmx20mm.
    Received the 12th the trademark office the date of filing of the application for the international registration of marks.
    Application for international registration of a trademark does not comply with the requirements to fill out, returned the application to the trademark Bureau, the filing date is not retained. Application procedures are available, but need to supplement, the Trademark Office notified the applicant or his agent to receive notification of the correction in the 15th. PTO forms by post correction notice served to the parties of the date, postmark date for receipt of the correction to the parties. Postmark date is not clear or there is no postmark, or not returned by post office, from the date of notice of 15th, as served.
    The correction is not made, the application shall be deemed abandoned, the trademark Bureau shall notify the applicant in writing. Handled the application for international registration of a trademark by the trademark office or other applications required to pay, shall be billed from the date of receipt of the trademark office in the 15th, pay costs related to the Trademark Office. PTO forms by post the dates of service billed to a client, is subject to received the postmark date of the notice of payment. Postmark date is not clear or there is no postmark, or not returned by post office, from the day of payment orders issued after the 15th, as served.
    Overdue payments, the application shall be deemed abandoned, the trademark Bureau shall notify the applicant in writing.
    13th specified China's territory extends to the application, rejected by the Trademark Office notifies the International Bureau in accordance with terms of reference, the rejected no longer confirm to the International Bureau.
    14th in the world intellectual property organization the international trademark Gazette published within 3 months from the first of the month, a person can be specified for the publication of the notice of China's territory extends appeal application with the Trademark Office.
    One dissent application may involve one class of goods or services, may involve two or more categories of goods or services.
    The opponent of withdrawal of an objection, the trademark Bureau shall terminate the objection procedure, and notify the parties in writing.
    Designated the 15th China collective mark or certification mark territory extending to the applicant, the mark at the International Bureau of the World Intellectual Property Organization International register within 3 months of the date of registration, trademark agency should be adopted, in accordance with the relevant provisions, the Trademark Office to the subject qualification certificate and trademark usage rules, and other documents.
    Is not delivered within the 3-month qualification certificate and trademark usage rules and other documents, the Trademark Office rejected the territorial extension of collective marks or certification marks applied for. 16th failure of the assignor to apply for transfer in conjunction with, the Trademark Office notifies the international trade marks registered from the date of receipt of the notification of correction within the 30th; the expiration of uncorrected, the Trademark Office decided the transfer had no effect in China, and make a declaration to the International Bureau. Trademark Office refuses to accept the statement by the parties, in its statement received the trademark office within 30th of a lawsuit. Expiration was not prosecuted, the Trademark Office decision.
    Effective date to the date on which the Trademark Office to make a decision. Deletion does not comply with the requirements of the category of goods or services, the Trademark Office decided that the cut had no effect in China, and make a declaration to the International Bureau. Trademark Office refuses to accept the statement by the parties, in its statement received the trademark office within 30th of a lawsuit. Expiration was not prosecuted, the Trademark Office decision.
    Effective date to the date on which the Trademark Office to make a decision.
    17th licenses another person to use international registration of trademarks in China, should be handled in accordance with the trademark law and its implementing regulations.
    Designated the 18th Chinese territory extending to the applicant for international registration of their trademarks registered trademarks in China instead, the international registration of trademarks in China do not affect the right to register.
    Require the register of marks in Trademark Office registration the international registration instead of the earlier national registration should be adopted by the trademark Agency Organization for, and pay the costs. Article 19th International registered trademarks are protected in China, article 41st case of trademark law, trademark owners or other interested persons or other persons under different circumstances, the trademark review and adjudication Board for adjudication on disputed or apply rule to cancel the trademark protection in China.
    Determining an application shall be rejected proposed after the expiration of the trademark in China.
    Designated the 20th China International trademark protection, since dismissed the expiry date of their trademarks, trademark agency may be entrusted with the Trademark Office apply for proof of protection of its trademark in China. 21st article this way come into force on June 1, 2003.
                        On May 24, 1996, Commerce released the implementation measures for the international registration of marks Madrid abolished at the same time.

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