Exchange Of Articles Between China And Japan On The Two Countries' Trademark Protection Agreements

Promulgation date: 1977-09-29

Execution date: 1977-09-29

(1) the other person's message

Mr. Wang Yaoting, director of China Council for the promotion of international trade:

Regarding the implementation of the Sino Japanese trademark protection agreement, please advise your comments on the following points:

1. when a Japanese citizen applies for trademark registration in China, he submitted a certificate issued by the government of Japan to prove that it has applied for trademark registration in Japan and has decided to publish an application notice or has accepted the trademark registration. In this case, in order to register a trademark in People's Republic of China, the government of the People's Republic of China must submit to the government of the People's Republic of China a certificate issued by the Japanese government that has been registered in Japan. Do you understand this?

The provisions of article 2. of the trademark protection agreement for the two days do not include special concessions granted by the State Party to the multilateral agreement on industrial property which is not part of the other party's participation in the application for trademark registration.

Do you understand the above?

3. according to the Trademark Law of China, the validity period of a trademark has been registered for ten years, and renewal registration has been made many times. How can China deal with the validity period and renewal of the trademark of Japanese nationals in China?

4. please tell us which terms do not apply to foreigners (including Japanese nationals) in the implementing rules of the Trademark Management Ordinance and the trademark Administration Ordinance.

Foreigners, including Japanese nationals, believe that trademarks without words and designs can also be registered in China. Is that right?

Concession hall Officer

Kumatani Yoji (signature)

September 29, 1977

(two) we go to Wen.

Mr. Kumatani Yoji, chief executive of the concession hall, Japan:

In response to your letter of September 29, 1977, I reply to the following questions:

1. Taking into account the specific circumstances of Japan, we agree that when Japan applies for trademark registration in China, it may first provide the certificate issued by the relevant Japanese government authorities to Japan for its application for registration. If the trademark is registered in Japan, it will then fill in the registration card with the Chinese side.

Two. Article 1 of the trademark protection agreement between People's Republic of China and Japan stipulates that China and Japan shall grant MFN treatment to each other on the issue of trademark registration, excluding any special preferential treatment stipulated in the multilateral agreement on trademark registration.

Three. China's trademark management regulations (promulgated by the State Council in April 10, 1963) and Implementation Rules (promulgated by the central administration for Industry and Commerce in April 25, 1963) are not applicable to foreign countries, including Japan.

Trademark Management Ordinance: second, second, fifth, second, that is, the last paragraph, tenth, eleventh, first, third;

Rules for implementation: second, third, fourth and thirteenth.

The Chinese government can also accept applications for Japanese trademarks with only graphics but not names.

Four, since China's application for trademark registration in Japan is valid for ten years, it can be applied for several times to continue to register. The validity date of the application for trademark registration from Japan to China is also ten years, and registration can be repeated several times.

Director of China Council for the promotion of international trade

Wang Yaoting (signature)

September 29, 1977