the provisions on commodity trademarks in these implementing rules are applicable to service trademarks. Article 3 When applying for trademark registration, transfer registration, renewal registration, change of registrant's name or address, replacement of Trademark Registration Certificate and other related matters, the applicant may entrust a trademark agency organization recognized by the State Administration for Industry and Commerce to act as an agent, or directly handle it.
when foreigners or foreign enterprises apply for trademark registration or handle other trademark matters in China, they shall entrust a trademark agency organization designated by the State Administration for Industry and Commerce.
international registration of trademarks shall be handled in accordance with madrid agreement concerning the international registration of marks. Article 4 When applying for trademark registration, transfer registration, renewal of registration, alteration, replacement of certificate, evaluation and other related matters, fees must be paid in accordance with regulations. Article 5 The Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) shall set up a Trademark Registration Book to record registered trademarks and related registration matters.
The Trademark Office publishes the Trademark Announcement, which publishes trademark registration and other related matters. Article 6 In accordance with Article 3 of the Trademark Law, collective trademarks and certification trademarks approved and registered by the Trademark Office shall be protected by law.
Measures for the registration and administration of collective trademarks and certification trademarks shall be formulated separately by the State Administration for Industry and Commerce in conjunction with relevant departments of the State Council. Article 7 Pharmaceuticals and tobacco products for human use prescribed by the State and promulgated by the State Administration for Industry and Commerce must use registered trademarks.
other commodities for which registered trademarks are required by the state shall be announced by the state administration for industry and commerce. Article 8 The State Administration for Industry and Commerce shall set up a Trademark Review and Adjudication Board to make a final decision and ruling on the review matters proposed in accordance with the Trademark Law and these Detailed Rules. Chapter II Application for Trademark Registration Article 9 An application for trademark registration shall be made by category according to the published commodity classification table. Each application for trademark registration shall be submitted to the Trademark Office with an Application for Trademark Registration, ten trademark designs (for colored trademarks with specified colors, ten colored designs shall be submitted) and one black-and-white ink draft.
the trademark pattern must be clear and easy to paste, printed on bright and durable paper or replaced by photos, and its length and width should be no more than 1 cm and no less than 5 cm. Article 1 The application for trademark registration and other relevant documents shall be filled in with pen, brush or typewriter, and the handwriting shall be neat and clear.
the name and stamp of the applicant for trademark registration shall be consistent with the approved or registered name. The declared commodities shall not exceed the approved or registered business scope. The commodity name shall be filled in according to the commodity classification table; If the commodity name is not included in the commodity classification table, a description of the commodity shall be attached. Article 11 When registering a pharmaceutical trademark, the applicant shall attach a certificate issued by the administrative department of health.
when applying for trademark registration of cigarettes, cigars and packaged cut tobacco, the certification documents of approval of production by the state tobacco authorities shall be attached.
to apply for trademark registration of other commodities for which registered trademarks are required by the state, the approval documents of the relevant competent authorities shall be attached. Article 12 The date of application for trademark registration shall be the date when the Trademark Office receives the application documents. If the application procedures are complete and the application documents are filled out in accordance with the regulations, the application number shall be assigned and a Notice of Acceptance shall be issued; If the application procedures are incomplete or the application documents are not filled in according to the regulations, they will be returned and the application date will not be retained.
if the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office shall notify the applicant to make corrections, and limit him to make corrections according to the specified contents and return them to the Trademark Office within 15 days from the date of receiving the notice. If it is corrected within a time limit and returned to the Trademark Office, the date of application shall be kept; If it is not corrected or corrected within the time limit, it will be returned and the application date will not be retained. Article 13 Where two or more applicants apply for registration of the same or similar goods with the same or similar trademarks on the same day, each applicant shall, in accordance with the notice of the Trademark Office, submit proof of the date when the trademark was first used within 3 days. If it is used or not used on the same day, all applicants shall negotiate. If consensus is reached through consultation, a written agreement shall be submitted to the Trademark Office within 3 days; If no agreement can be reached after more than 3 days, the applicant shall draw lots under the auspices of the Trademark Office, or the Trademark Office shall make a ruling. Article 14 An applicant who entrusts a trademark agency to apply for trademark registration or handle other trademark matters shall submit a power of attorney to the agent. The power of attorney for an agent shall specify the content and authority of the agent, and the power of attorney for a foreigner or foreign enterprise shall also specify the nationality of the principal.
foreigners or foreign enterprises applying for trademark registration or handling other trademark matters shall use Chinese. The notarization and authentication procedures of the power of attorney and relevant certificates shall be handled in accordance with the principle of reciprocity. Foreign documents shall be accompanied by a Chinese translation. Article 15 The Trademark Office accepts applications for trademark registration and claims priority. The specific procedures shall be handled in accordance with the provisions promulgated by the State Administration for Industry and Commerce.