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	MEASURES FOR SERVICE PROVIDERS FROM HONG KONG OR MACAO TO PROVIDE TRADEMARK AGENCY SERVICES IN THE MAINLAND (TRAIL)

	(No. 192 [2004] of the State Administration for Industry and Commerce, November 24, 2004: 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"; shall come into force as of January 1, 2005.)


SUBJECT : TRADEMARK AGENCY SERVICES; PROVIDERS FROM HKSAR OR MSAR
ISSUING DEPARTMENT : THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE
ISSUE DATE : 11/24/2004
IMPLEMENT DATE : 01/01/2005
LENGTH : 300 words
TEXT :

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

Article 2. A service provider from Hong Kong or Macao shall, after obtaining the approval certificate 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 identity certificate which conforms 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 post codes of the organizations.

Article 4. Other matters for service providers from Hong Kong or Macao to establish 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 come into force on January 1, 2005.