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	NOTICE OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON THE WORK AFTER CANCELLATION OF THE ADMINISTRATIVE EXAMINATION AND APPROVAL OF TRADEMARK AGENCY

	(No. 55 [2003] of the State Administration for Industry and Commerce promulgated on April 30, 2003)


SUBJECT : TRADEMARK AGENCY
ISSUING DEPARTMENT : STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 04/30/2003
IMPLEMENT DATE : 04/30/2003
LENGTH : 419 words
TEXT :

Recently, the State Council distributed the "Decision on Canceling the Second Group of Projects Subject to Administrative Examination and Approval and Changing the Management Method of a Group of Projects Subject to Administrative Examination and Approval" (No. 5 [2003] of the State Council), and cancelled the examination and approval of trademark agency offices and the check and administrative examination and approval of the trademark agent qualifications. In order to ensure the implementation of the State Council's decision, we hereby give our notice as follows regarding the relevant issues on the trademark agency work:

I. The trademark agency offices previously approved by the State Administration for Industry and Commerce shall continue to be registered in the original registration organ, while the trademark agency offices newly established in the future shall all be registered in the administrations for industry and commerce of the provinces, autonomous regions and municipalities directly under the Central Government at their respective localities.

II. The newly established trademark agency offices shall, in accordance with the Company Law of the People's Republic of China or the Partnership Enterprise Law of the People's Republic of China, be registered as limited liability companies or individual partnership enterprises.

III. A trademark agency office may only engage in trademark agency and other intellectual property agency business, and may not concurrently run other businesses.

IV. Those trademark agency offices previously approved by the State Administration for Industry and Commerce which have not been disconnected from their respective competent governmental authorities shall, upon the requirement of the State Council on disconnection and structural reform of intermediary institutions, be disconnected from their respective competent governmental authorities by December 31, 2003, and be transformed into limited liability companies or individual partnership enterprises. In case of an overdue disconnection, the enterprise registration organ shall not handle the 2003 annual inspection for him/it, and the Trademark Bureau under the State Administration for Industry and Commerce (hereinafter referred to the trademark bureau) shall not accept the trademark business he/it represents.

V. The trademark bureau shall begin to accept the trademark agency business of newly registered trademark agency offices from May 20, 2003.

VI. In order to guarantee the normal operation of the relevant acceptance procedures on application for trademark, a newly established trademark agency office shall bring the counterpart of its "Business License" to make record in the trademark bureau, open an account and make the prepayment of fees. While the trademark bureau shall accept the trademark agency business as of the day when the record formalities are completed.