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INTERIM PROVISIONS ON CLAIMS FOR PRIORITY IN APPLYING FOR REGISTRATION OF TRADEMARKS

Category  INTELLECTUAL PROPERTY RIGHT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1985-03-15 Effective Date  1985-03-15  

Interim Provisions on Claims for Priority in Applying for Registration of Trademarks





(Approved by the State Council on March 15, 1985, promulgated by the State

Administration for Industry and Commerce on March 15, 1985)

    In accordance with Article 9 of the Trademark Law of the People's Republic
of China and Article 4 of the Paris Convention for the Protection of Industrial
Property, the Provisions on claims for priority in applying for registration of
trademarks in China by nationals of the States Parties to the Paris Convention
are formulated as follows:

    1. From March 19, 1985, the Trademark Office of the State Administration
for Industry and Commerce of the People's Republic of China shall entertain
claims for priority made by nationals of the States Parties to the Paris
Convention in their application for registration of trademarks in China.

    2. From March 19, 1985, nationals of the States Parties to the Paris
Convention, who after filing an application for registration of a trademark in
any other State Party, file another application for registration of the same
trademark for the same product in China, may claim priority within six months
after the first filing, in accordance with the Paris Convention.

    3. An applicant who claims priority according to the provisions of the
preceding paragraph shall, at the time of filing the application, submit a
written declaration, together with a duplicate of the first application for
registration of the Trademark filed in another State Party to the Paris
Convention. The duplicate shall be certified by the department in charge of
trademarks of that State, and the application date and the application number
shall be clearly stated. The duplicate does not need to be authenticated, but
the other papers required to be submitted to the Trademark Office shall be
authenticated.

    When declaring claim for priority, the applicant may, in case the above-
mentioned duplicate and the related papers are not available, submit them
within three months following the date of second filing. If no written
declaration is submitted or the duplicate and the related papers are not
submitted at the expiry of three months, the applicant shall not be regarded
as having claimed priority.

    4. When the written declaration is approved, the date of the first
application for registration of the trademark filed in another State Party to
the Paris Convention shall be regarded as the application date in China.



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