The Implementation Measures for the International Registration of Madrid Trademarks have been reviewed and approved at the executive meeting of the State Administration for Industry and Commerce of the People's Republic of China, and are now published. They will come into effect on June 1, 2003.

Director Wang Zhongfu

April 17th, 2003

Article 1: In accordance with Article 12 of the Implementing Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementing Regulations), these Measures are formulated.

The international registration of trademarks as stipulated in Article 12 of the Implementation Regulations refers to the international registration of trademarks processed in accordance with the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the Madrid Agreement), the Protocol relating to the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the Madrid Protocol), and the Common Implementing Regulations of the Madrid Agreement on the International Registration of Marks and the Protocol relating to the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the Common Implementing Regulations).

Article 2: These Measures apply to international trademark registration applications with China as the country of origin, applications for territorial extension designating China, and other related applications.

Those who handle trademark foreign registration through non Madrid system channels are not 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 their overseas branch to handle the matter on their behalf.

Article 3: For those who apply for international registration of a trademark with China as their country of origin, they shall have a genuine and valid place of business in China, or have a domicile in China, or possess Chinese nationality.

Article 4: Those who have the qualifications for applying for international registration of trademarks as stipulated in Article 3 of these Measures and whose trademarks have already been registered with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) may apply for international registration of the trademark in accordance with the Madrid Agreement.

Those who have the qualifications for applying for international registration of trademarks as stipulated in Article 3 of these Measures, and whose trademarks have already been registered in the Trademark Office or have submitted trademark registration applications to the Trademark Office, may apply for international registration of the trademark in accordance with the Madrid Protocol.

Article 5: Applications for international registration of trademarks shall be processed through the Trademark Office.

The applicant or their authorized trademark agency can submit the application directly to the Trademark Office, or send the application to the Trademark Office.

Article 6: Matters related to the later designation, abandonment, cancellation, etc. of international trademark registration related to the Madrid Agreement shall be handled through the Trademark Office. The transfer, deletion, change of name or address of the registrant, change of name or address of the agent, renewal and other matters related to the application for international registration of trademarks related to the Madrid Agreement can 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).

For matters related to the later designation, transfer, deletion, abandonment, cancellation, change of the name or address of the registrant, change of the name or address of the agent, renewal, etc. of international trademark registration related to the Madrid Protocol, they can be handled through the Trademark Office or directly through the International Bureau.

For applications processed through the Trademark Office, the applicant or their authorized trademark agency can directly submit the application to the Trademark Office or send the application to the Trademark Office.

For those who directly apply to the International Bureau, the applicant or their authorized trademark agency can submit the application to the International Bureau or send the application to the International Bureau.

Article 7: Those who apply for international registration of trademarks and handle other related matters through the Trademark Office may use the English or French forms provided by the International Bureau, or use the Chinese forms formulated by the Trademark Office, but they need to pay translation fees to the Trademark Office.

For those who apply for international trademark registration and handle other related matters, in addition to paying the prescribed fees according to the Joint Implementation Regulations, they should also pay a handling fee to the Trademark Office.

Article 8: If the applicant for international trademark registration is a natural person, their Chinese name shall be specified. If the applicant is a legal person or other organization, their full Chinese name should be specified.

If natural persons, legal persons or other organizations have corresponding foreign translations, they may indicate the foreign translation. If there is no foreign translation, the corresponding Chinese Pinyin should be indicated.

Article 9: The applicant shall indicate their detailed address (including mailing address and postal code), telephone number, fax number, etc. in the application for international trademark registration.

Article 10: An application for international registration of a trademark may specify one category of goods or services, or two or more categories of goods or services.

Article 11: When applying for international registration of a trademark, the applicant shall provide the following attachments:

（1） One copy of the domestic trademark registration certificate, or one copy of the notice of acceptance of the trademark registration application issued by the Trademark Office;

（2） If priority is requested, one proof of such priority shall be provided;

（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 ID card, etc;

（4） For those who entrust an agent, one copy of the agent's power of attorney;

（5） Two copies of the trademark design, with dimensions not exceeding 80mm x 80mm and not less than 20mm x 20mm.

Article 12: The date on which the Trademark Office receives the application for international registration of a trademark shall be the application date.

If the international registration application for a trademark is not filled out in accordance with the regulations, the Trademark Office shall return the application form and the application date shall not be retained.

The application procedures are basically complete, but if corrections are needed, the Trademark Office shall notify the applicant or its agent to make corrections within 15 days from the date of receipt of the notification. The date on which the Trademark Office delivers the correction notice to the parties by mail shall be based on the postmark date on which the parties receive the correction notice. If the postmark date is unclear or there is no postmark, or if it has not been returned by the post office, it shall be deemed as delivered to the party concerned after 15 days from the date of notification. If no correction is made, the application shall be deemed abandoned and the Trademark Office shall notify the applicant in writing.

For trademark international registration applications or other applications processed through the Trademark Office that require payment according to regulations, relevant fees shall be paid to the Trademark Office within 15 days from the date of receiving the payment notice from the Trademark Office. The date on which the Trademark Office delivers the payment notice to the parties by mail shall be based on the postmark date on which the parties receive the payment notice. If the postmark date is unclear or there is no postmark, or if it has not been returned by the post office, it shall be deemed as delivered to the party concerned after 15 days from the date of issuance of the payment notice. If the payment is not made on time, the application shall be deemed abandoned and the Trademark Office shall notify the applicant in writing.

Article 13: If the Trademark Office notifies the International Bureau to reject an application for territorial extension of China on its own initiative, it shall no longer confirm the rejection with the International Bureau.

Article 14: Within three months from the first day of the month following the publication of the International Trademark Announcement by the World Intellectual Property Organization, any person may raise an objection to the application for territorial extension of designated China published in the Announcement to the Trademark Office.

An objection application can involve one category of goods or services, or two or more categories of goods or services.

If the objector withdraws the objection application, the Trademark Office shall terminate the objection procedure and notify the parties in writing.

Article 15: The applicant for the territorial extension of a designated collective trademark or certification trademark 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 organization, in accordance with relevant regulations, the proof of subject qualification, trademark use management rules, and other supporting documents.

If the subject qualification certificate, trademark use management rules, and other supporting documents are not submitted within the above-mentioned 3 months, the Trademark Office will reject the territorial extension application of the collective trademark or certification trademark.

Article 16: If the transferor fails to apply for simultaneous transfer in accordance with the law, the Trademark Office shall notify the international trademark registrant to make corrections within 30 days from the date of receipt of the notification; If the transfer is not corrected upon expiration, the Trademark Office shall decide that the transfer is invalid in China and make a declaration to the International Bureau. If the party concerned disagrees with the declaration of the Trademark Office, they may file a lawsuit with the people's court within 30 days from the date of receiving the declaration from the Trademark Office. If no lawsuit is filed upon expiration, the Trademark Office's decision shall take effect. The effective date is the date on which the Trademark Office makes a decision.

If the deleted content does not meet the classification requirements of goods or services in China, the Trademark Office shall decide that the deletion is invalid in China and make a declaration to the International Bureau. If the party concerned disagrees with the declaration of the Trademark Office, they may file a lawsuit with the people's court within 30 days from the date of receiving the declaration from the Trademark Office. If no lawsuit is filed upon expiration, the Trademark Office's decision shall take effect. The effective date is the date on which the Trademark Office makes a decision.

Article 17: Anyone who permits others to use their internationally registered trademark within the territory of China shall handle it in accordance with the Trademark Law and its implementing regulations.

Article 18: If the applicant for the extension of China's territory is designated to replace the trademark registration already obtained in China with the international registration of their trademark, the international registration shall not affect the rights of the trademark registration already obtained in China.

If international registration is required to replace prior national registration in the Trademark Office's trademark registration book, it shall be handled through a trademark agency organization and fees shall be paid in accordance with regulations.

Article 19: If an internationally registered trademark that has already been protected in China falls under the circumstances stipulated in Article 41 of the Trademark Law, the trademark owner, interested party, or other person may apply to the Trademark Review and Adjudication Board for a dispute ruling or for a ruling to revoke the trademark that has been protected in China, depending on the circumstances. The ruling application shall be filed after the expiration of the rejection period for the trademark in China.

Article 20: For those who designate China to protect internationally registered trademarks, they may entrust a trademark agency organization to apply to the Trademark Office for a certificate of protection of their trademark in China from the date of expiration of the rejection period for their trademark.

Article 21: These Measures shall come into effect on June 1, 2003. The Implementation Measures for Madrid International Trademark Registration, issued by the State Administration for Industry and Commerce on May 24, 1996, were simultaneously abolished.