国务院关于办理商标注册附送证件问题的批复 附：中华人民共和国商标法实施细则（一）

国务院关于办理商标注册附送证件问题的批复 附：中华人民共和国商标法实施细则 OFFICIAL REPLY OF THE STATE COUNCIL CONCERNING PAPERS FURNISHED AS ATTACHMENTS TO APPLICATIONS FOR TRADEMARK REGISTRATION 国函(1995)29号 (attached with the third revision of t

国务院关于办理商标注册附送证件问题的批复 附：中华人民共和国商标法实施细则

OFFICIAL REPLY OF THE STATE COUNCIL CONCERNING PAPERS FURNISHED AS ATTACHMENTS TO APPLICATIONS FOR TRADEMARK REGISTRATION

国函(1995)29号

(attached with the third revision of the Rules for the Implementation of the Trademark Law of the People's Republic of China)

颁布日期：19950423 　实施日期：19950423 　颁布单位：国务院

(April 23， 1995)

The State Administration for Industry and Commerce：

We are in receipt of your Report for Instruction Concerning Papers Furnished as Attachments to Applications for Trademark Registration. The State Council approves the proposal that the original Certificate of Trademark Registration be no longer required when an application for modification， assignment or renewal concerning a registered trademark is submitted. For that problem involves the revision of the Rules for the Implementation of the Trademark Law of the People's Republic of China (hereinafter referred to as the Rules for the Implementation of the Trademark Law)， the official reply is hereby given as follows：

1. The first paragraph， Article 20 of the Rules for the Implementation of the Trademark Law shall be revised as： When applying for modification of name， applicants shall submit an Application for Modification of the Name of Trademark Registrant and verification of the modification to the Trademark Office. Following examination and approval， the Trademark Office shall issue a relevant certificate to the applicant， and publish said modifications.” The second paragraph shall be revised as： When applying for modifications of address or other relevant matters related to a trademark registration， applicants shall submit an Application for Modification of the Address of the Trademark Registrant or an Application for Modification of Other Matters Related to a Registered Trademark， as well as verification of modifications to the Trademark Office. Following examination and approval， the Trademark Office shall issue a relevant certificate to the applicant， and publish said modifications.”

2. The first paragraph， Article 21 of the Rules for the Implementation of the Trademark Law shall be revised as： When applying for the assignment of registered trademarks， assignors and assignees shall jointly submit an Application for the Assignment of Registered Trademark to the Trademark Office. The assignee shall complete application formalities required for applying for assignment of a registered trademark. The assignee shall fulfill all qualifications outlined in Article 2 of these Rules. Upon approving the assignment of trademark， the Trademark Office shall issue a relevant certificate to the assignee， and publish notification of the assignment.

3. The first paragraph， Article 22 of the Rules for the Implementation of the Trademark Law shall be revised as： When applying for renewal of a trademark registration， the registrant shall submit an Application for Renewal of Trademark Registration to the Trademark Office， accompanied by five prototypes of the trademark. Following examination and approval of the renewal， the Trademark Office shall issue a relevant certificate to the registrant， and publish notification of the renewal. the Trademark Office shall reject any renewal applications which contravene relevant provisions of the Trademark Law.

4. Article 20 and 21， as revised， of the Rules for the Implementation of the Trademark Law shall become effective on the date of May 15， 1995.

5. Article 22， as revised， of the Rules for the Implementation of the Trademark Law shall become effective on November 1， 1998. However， with respect to a registered trademark whose period of validity expires before November 1， 1998 and whose extension period expires before April 30， 1998， applications for renewal filed within the extension period shall be handled in accordance with the original provisions of this Article as not revised.

Clauses 1， 2 and 4 of this official reply shall be promulgated by the State Administration for Industry and Commerce before May 15， 1995. Clauses 3 and 5 shall be promulgated by the State Administration for Industry and Commerce before November 1， 1998.

Appendix： RULES FOR THE IMPLEMENTATION OF THE TRADEMARK LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Successively amended with the approval of the Sate Council on January 3， 1988， July 15， 1993 and April 23， 1995， and promulgated by Decree No. 31 of the State Administration for Industry and Commerce on May 12， 1995)

Chapter I General Provisions

Article 1 These Rules are formulated in accordance with the provisions of Article 42 of the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law)。

Article 2 Applicants for trademark registration must be enterprises， institutions， social organizations， self-employed industrialists or businessmen， individual partnerships established in accordance with the law， foreigners or foreign enterprises referred to in Article 9 of the Trademark Law. 在本页浏览全文>>(共计5页) 上一页 1 2 3 4 5 下一页

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