Madrid Measures for the Implementation of the International Registration of Marks
Release Time：
2015-11-23
Article 1 These Measures are formulated in accordance with the provisions of Article 12 of the Implementing Regulations for the Implementation of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementing Regulations).
International registration of trademarks provided for in Article 12 of the Implementing Regulations, The international registration of marks under the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the Madrid Agreement) and the Protocol relating to the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the Madrid Protocol) and the Common Rules for the Implementation of the Madrid Agreement on the International Registration of Marks and the Protocol relating to that Agreement (hereinafter referred to as the Common Rules).
Article 2 These Measures shall apply to applications for the international registration of trademarks whose country of origin is China, applications for the designation of territorial extension of China and other relevant applications.
If a trademark is not registered abroad through the Madrid system, it does not fall within the scope of adjustment of these Measures. The applicant may entrust a trademark agency organization, or entrust a foreign representative or law firm, or its branch office in a foreign country to handle the matter on its behalf.
Article 3 An applicant who applies for the international registration of a trademark in China shall have a real and effective place of industrial and commercial business in China, or a domicile in China, or a Chinese national.
Article 4 An applicant with the qualifications for international registration of a trademark provided for in Article 3 of these Measures, whose trademark has been registered with the Trademark Office of the administrative department for industry and Commerce under The State Council (hereinafter referred to as the Trademark Office), may apply for international registration of the trademark in accordance with the Madrid Agreement.
An applicant with the qualifications for international registration of a trademark as provided for in Article 3 of these Measures, whose trademark has been registered in the Trademark Office, or has filed an application for trademark registration with the Trademark Office, may apply for international registration of the trademark in accordance with the Madrid Protocol.
Article 5 An application for the international registration of a trademark shall be handled through the Trademark Office.
The applicant or the trademark agency organization entrusted by it may file an application directly with the Trademark Office, or it may mail an application to the Trademark Office.
Article 6 An application for the later designation, abandonment or cancellation of the international registration of a trademark related to the Madrid Agreement shall be handled through the Trademark Office. An application for the assignment, deletion, change of the name or address of the registrant, change of the name or address of the agent, renewal and other matters relating to the international registration of a mark in connection with the Madrid Agreement may be handled through the Trademark Office or directly to the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau).
An application for the subsequent assignment, assignment, deletion, waiver, cancellation, change of name or address of the registrant, change of name or address of the agent, renewal and other matters relating to the international registration of a mark relating to the Madrid Protocol may be handled through the Trademark Office or directly with the International Bureau.
If the application is handled through the Trademark Office, the applicant or the trademark agency organization entrusted by the applicant may file an application directly with the Trademark Office, or it may mail an application to the Trademark Office.
If the application is directly submitted to the International Bureau, the applicant or the trademark agency entrusted by the applicant may submit the application to the International Bureau or send the application to the International Bureau.
Article 7 An application for the international registration of a trademark through the Trademark Office and other related matters may be completed in the English or French form provided by the International Bureau, or in the Chinese form formulated by the Trademark Office, provided that a translation fee shall be paid to the Trademark Office.
In applying for the international registration of a trademark and handling other related matters, in addition to paying the fees prescribed in the joint implementation Rules, a handling fee shall also be paid to the Trademark Office.
Article 8 Where the applicant for the international registration of a trademark is a natural person, his/her Chinese name shall be stated. If the applicant is a legal person or any other organization, it shall state its full name in Chinese.
If a natural person, legal person or other organization has a corresponding translated name in a foreign language, it may indicate the translated name in that foreign language. If there is no foreign translated name, the corresponding Chinese pinyin shall be indicated.
Article 9 The applicant shall indicate in the application for international registration of a trademark its detailed address (including correspondence address and postal code), telephone number, fax number, etc.
Article 10 An application for the international registration of a mark may designate one class of goods or services, or two or more classes of goods or services.
Article 11 When applying for the international registration of a trademark, the applicant shall provide the following attachments:
(1) A copy of the domestic trademark registration certificate, or a copy of the notice of acceptance of the trademark registration application issued by the Trademark Office;
(2) Where the right of priority is claimed, one copy of the right of priority certificate;
(3) One copy of the applicant's qualification certificate, such as a copy of the business license, a copy of the residence certificate, a copy of the identity document, etc.;
(4) If the agent is entrusted, the agent's power of attorney is 1 copy;
(5) Two copies of the trademark pattern, the size of which is not more than 80mm×80mm, not less than 20mm×20mm.
Article 12 The date on which the Trademark Office receives the application for international registration of a trademark shall be the filing date.
If the application for international registration of a trademark is not filled out in accordance with the provisions, the Trademark Office will return the application, and the application date will not be retained.
The application procedures are basically complete, but if it is necessary to make corrections, the Trademark Office shall notify the applicant or his agent to make corrections within 15 days from the date of receipt of the notice. The date on which the Trademark Office serves the corrective notice to the party by mail shall be the postmark date on which the party receives the corrective notice. If the date of the postmark is not clear or there is no postmark, or if it has not been returned by the post office, 15 days after the date of issuance of the notice shall be deemed to have been served on the party concerned. If no correction is made, the application shall be deemed abandoned, and the Trademark Office shall notify the applicant in writing.
Where payment is required for an application for international registration of a trademark or any other application processed through the Trademark Office, the relevant fees shall be paid to the Trademark Office within 15 days from the date of receipt of the notice of payment from the Trademark Office. The date on which the Trademark Office shall serve the notice of payment to the party by mail shall be the postmark date on which the party receives the notice of payment. If the date of the postmark is not clear or there is no postmark, or if it has not been returned by the post office, 15 days after the date the notice of payment is issued shall be deemed to have been served on the party concerned. If the payment is not made within the time limit, the application shall be deemed abandoned, and the Trademark Office shall notify the applicant in writing.
Article 13 Where the Trademark Office notifies the International Bureau of its ex officio rejection of an application for the designation of territorial extension of China, the rejection shall not be confirmed to the International Bureau.
Article 14 Within three months from the first of the month following the publication of the International Trademark Notice of the World Intellectual Property Organization, any person may file an objection to the application for the designation of territorial extension of China published in that notice with the Trademark Office.
An objection application may concern one class of goods or services, or it may concern two or more classes of goods or services.
Where the opponent withdraws the application for opposition, the Trademark Office shall terminate the objection procedure and notify the party in writing.
Article 15 An applicant for the designation of a collective trademark or for the territorial extension of a certification mark in China shall, within three months from the date of registration of the trademark in the International Register of the International Bureau of the World Intellectual Property Organization, submit to the Trademark Office, through the trademark agency, the certification of the subject's qualification, the rules governing the use of trademarks and other supporting documents in accordance with the relevant provisions.
If the subject qualification certificate and trademark use management rules and other supporting documents are not submitted within the above three months, the Trademark Office shall reject the application for territorial extension of the collective trademark or the certification trademark.
Article 16 Where the transferor fails to apply for a simultaneous assignment according to law, the Trademark Office shall notify the international trademark registrant to make corrections within 30 days from the date of receipt of the notice; If the time limit has not been corrected, the Trademark Office shall decide that the transfer has no effect in China and shall make a declaration to the International Bureau. If the party concerned is not satisfied with the declaration of the Trademark Office, it may bring a suit before the people's court within 30 days from the date of receipt of the declaration of the Trademark Office. If no suit is brought at the expiration of the time limit, the decision of the Trademark Office shall take effect. The effective date shall be the date on which the Trademark Office makes its decision.
If the deletion does not meet the requirements of China's classification of goods or services, the Trademark Office decides that the deletion has no effect in China and makes a declaration to the International Bureau. If the party concerned is not satisfied with the declaration of the Trademark Office, it may bring a suit before the people's court within 30 days from the date of receipt of the declaration of the Trademark Office. If no suit is brought at the expiration of the time limit, the decision of the Trademark Office shall take effect. The effective date shall be the date on which the Trademark Office makes its decision.
Article 17 Anyone who licenses another person to use its internationally registered trademark within the territory of China shall do so in accordance with the Trademark Law and its implementing Regulations.
Article 18 Where an applicant for territorial extension in China is designated to replace a trademark registration already obtained in China with an international registration of its trademark, the international registration shall not affect the rights of the trademark registration already obtained in China.
Where an international registration is required to be registered in the trademark Register of the Trademark Office instead of the previous national registration, it shall be handled through the trademark agency organization and pay the fee according to the provisions.
Article 19 Where an internationally registered trademark that has been protected in China falls under the circumstances provided for in Article 41 of the Trademark Law, the owner of the trademark, an interested party or any other person may, depending on the circumstances, apply to the Trademark Review and Adjudication Board for ruling on the dispute or for ruling to revoke the trademark that has been protected in China. The application for ruling shall be filed after the expiration of the period for rejection of the trademark in China.
Article 20 Where an internationally registered trademark is designated for protection in China, it may, from the date of expiration of the time limit for rejection of its trademark, entrust a trademark agency to apply to the Trademark Office for a certification that its trademark is protected in China.
Article 21 These Measures shall come into force as of June 1, 2003. The Madrid Measures for the International Registration of Trademarks issued by the State Administration for Industry and Commerce on May 24, 1996 shall be repealed simultaneously.
Relevant Content
Telephone：
Telephone：+86-755-82566227、82566717、13751089600
Head Office：13 / F, Building 14, Longhua Science and Technology Innovation Center (Mission Hills), No. 8 Golf Avenue, Guanlan Street, Longhua District, Shenzhen
Head Office：
13 / F, Building 14, Longhua Science and Technology Innovation Center (Mission Hills), No. 8 Golf Avenue, Guanlan Street, Longhua District, Shenzhen
Subsidiary Company：2808, Block B2, Yuexiu Xinghui Junbo, No.18 Tazihu East Road, Jiangan District, Wuhan City, Hubei Province
Subsidiary Company：
2808, Block B2, Yuexiu Xinghui Junbo, No.18 Tazihu East Road, Jiangan District, Wuhan City, Hubei Province
Service Number
Subscription Number
Copyright ©2016 Shenzhen Shenkexin patent Agency Co., LTD All rights reserved | 粤ICP备2021174526号
Copyright ©2016 深圳市深可信专利代理有限公司 版权所有 | 粤ICP备2021174526号 SEO标签
Copyright ©2016 深圳市深可信专利代理有限公司 版权所有
