Notice on the Notice on the Interim Provisions on Application for Preference for Trademark Registration
State Administration for Industry and Commerce
(March 15, 1985)
All provinces, autonomous regions, municipalities directly under the Central Government, and Chongqing, Wuhan, Chenyang, Dalian, Harbin, Guangzhou and Xi'an Administration for Industry and Commerce:
The Interim Provisions on Application for Priority for Trademark Registration have been approved by the State Council on March 15, 1985 and are now published and are requested to be implemented.
Attachment:
Interim Provisions on the Claiming of Priority for Application for Trademark Registration
In accordance with Article 9 of the Trademark Law of the People's Republic of China and Article 4 of the Paris Convention for the Protection of Industrial Property, the following provisions are made on the issue of nationals of the Paris Convention member states claiming priority for trademark registration in China.
(I) Since March 19, 1985, the Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China has accepted matters that nationals of the Paris Convention have claimed priority for trademark registration in China.
(II) If a national of a member state of the Paris Convention has filed a trademark registration application to any member state of the Paris Convention since March 19, 1985, and then filed a trademark registration application for the same trademark on the same commodity in China, it may claim priority within six months after the first application in accordance with the provisions of the Paris Convention.
(III) If priority is required in accordance with the provisions of the preceding paragraph, a written statement shall be submitted at the same time as applying for trademark registration, and a copy of the first application for trademark registration in other member states of the Paris Convention shall be verified by the trademark competent authority of the country, and the application date and application number shall be indicated. Copy does not require authentication. However, other books required by the Trademark Office should be certified.
When making a declaration of priority, if the above copy and relevant certificate documents are not yet complete, they can be submitted within three months of filing the trademark registration application. Failure to submit a written statement or failure to submit the above copies and relevant documents within the deadline shall be deemed to have not claimed priority.
(IV) A statement that claims priority shall, after approval, be deemed to be the application date in China on the date on which other member states of the Paris Convention first apply for trademark registration.
Rule of Law China·Social Law (Industrial and Commercial) 15: Notice on the Announcement of the "Interim Provisions on the Requirement of Priority for Application for Trademark Registration"
