工商标字[2004]第192号

颁布日期：20041124 　实施日期：20050101 　颁布单位：国家工商行政管理总局

Gong Shang Biao Zi [2004] No. 192

The administrations for industry and commerce of all provinces， autonomous regions， municipalities directly under the Central Government and cities directly under State planning：

The State Administration for Industry and Commerce has， in accordance with the “Supplementary Agreement to Mainland/Hong Kong Closer Economic Partnership Arrangement” and the “Supplementary Agreement to Mainland/Macao Closer Economic Partnership Arrangement” approved by the State Council， formulated the “Interim Measures for Service Providers from Hong Kong or Macao to Provide Trademark Agency Services in the Mainland”， which are hereby printed and distributed to you. Please comply with and implement them.

State Administration for Industry and Commerce

November 24， 2004

Interim Measures for Service Providers from Hong Kong or Macao to Provide Trademark Agency Services in the Mainland

Article 1 From January 1， 2005， service providers from Hong Kong or Macao are permitted to set up limited liability companies in the Mainland in the form of equity joint venture， cooperative joint venture or wholly-owned enterprise to undertake trademark agency service.

Article 2 A service provider from Hong Kong or Macao shall， after obtaining the certificate of approval issued by the organ granting the approval， go through the registration procedures in the administration for industry and commerce of the province， autonomous region， or municipality directly under the Central Government where the enterprise is established.

The documents to be submitted by a service provider from Hong Kong or Macao for going through the registration procedures shall include the identification certificate documents that conform to the definition of “service provider” and relevant provisions in Annex 5 of the “Mainland/Hong Kong Closer Economic Partnership Arrangement” and Annex 5 of the “Mainland/Macao Closer Economic Partnership Arrangement”。

Article 3 The administration for industry and commerce of each province， autonomous region， or municipality directly under the Central Government shall submit to the Trademark Office monthly the relevant information on the trademark agency organizations registered in accordance with these Measures， with the submitted contents including： names， domiciles， legal representatives， telephone numbers， and postal codes of the organizations.

Article 4 Other matters concerning service providers from Hong Kong or Macao to set up trademark agency organizations in the Mainland shall be handled in accordance with the laws， regulations， rules and other relevant provisions on foreign investment registration.

The issues concerning the undertaking of trademark agency by the trademark agency organizations established in the Mainland by service providers from Hong Kong or Macao shall be handled in accordance with the laws， regulations， rules and relevant provisions on trademark agency.

Article 5 These Measures shall go into effect on January 1， 2005.