Procedure for customs recordal of intellectual property rights representation
The procedure for customs recordal of intellectual property rights includes the application, review, and issuance phases.
Application. The right holder shall apply to the General Administration of Customs for a customs protection record application and should obtain the application form in advance. The right holder or their agent shall fill out the application form as required, attach relevant documents, and submit or send it to the General Administration of Customs.
Applicants for recordal shall submit one application per right, i.e., each application document may only pertain to intellectual property rights on one certificate. The application form must be filled out in Chinese and the authenticity and validity of the submitted documents shall be guaranteed. The following information shall be completed as required in the application for recordal:
1. Rights. Chinese and English names on the registration documents, country/region of location, business license number, legal address, legal representative, contact person's name, phone number, and fax; agent's name, address, license number, legal representative, contact person's name, phone number, and fax, etc.
2. Trademark name, registration number, validity period, goods approved for use, patent name, authorized number, brief content, validity period; relevant copyright information.
3. Names of goods and commodity codes related to intellectual property rights.
4. Name, location, usage, and validity period of the license for the intellectual property rights granted or permitted.
5. Key features of goods related to intellectual property, trademark designs, and photographs of the product appearance and packaging.
6. Known infringing product manufacturers, names and addresses of imported and exported goods, names of suspected infringing goods, and main entry and exit customs.
7. Disclosure regarding trade secrets.
8. Other circumstances deemed necessary by the Customs Administration.
Process for Handling Business License Cancellation Registration
(1) Company Deregistration: If a company is dissolved due to any of the following reasons, the company liquidation organization shall apply for deregistration with the company registration authority within 30 days from the date of the company liquidation completion.
The company has been legally declared bankrupt.
Upon expiration of the term of operation as stipulated in the company's articles of association or upon the occurrence of other dissolution reasons as stipulated in the company's articles of association.
3. Resolution to dissolve the shareholders' meeting.
The company dissolved due to merger, division, or separation.
The company has been legally ordered to shut down.
The application for cancellation of registration should be handled by the company itself or by its employee or an agent of a qualified agency, acting as the applicant for the cancellation registration.
(II) For the application of company deregistration registration, the following documents and certificates shall be submitted:
Application for cancellation of registration, signed by the head of the company liquidation organization.
2. Court bankruptcy judgments, resolutions or decisions made by the company under the "Company Law," and documents ordering closure by administrative authorities.
3. Certificate of liquidation confirmed by the shareholders' meeting or relevant authorities
4. Original and copy of the "Business License for Corporate Legal Person"
Sample of newspaper公告 published three times within sixty days after the establishment of the settlement organization.
Certificate of Tax Payment issued by the Tax Bureau
Proof of appointment (mandate)
Section 13: Other documents and certificates required by laws and administrative regulations.
(3) For the application of company deregistration registration, the following form should be filled out:
Application for Company Deregistration Registration
2. "Confirmation (Authorization) Letter."
Please follow the guidelines below:
1. This form is applicable for the application of dissolution for both limited liability companies and joint-stock companies.
2. Applicant must fill in the full company name on the cover page and affix the company's official seal.
Page 2: Business License Processing Service
⑴ Please fill in the "Branch Office" section with information about any branch offices established by the company. If no branch offices have been established, you may leave this section blank.
⑵ "Reason for Company's Application for Cancellation of Registration" shall be filled out in accordance with the provisions of Article 198 and 199, paragraphs 1, 2, and 3, of the Corporation Law.
⑶ "Company's Debt and Credit Settlement Status" should be filled in with the results of completed debt and credit settlements.
The person in charge of the liquidation group should sign their name in person in the "Signatures of the Group Leader" section.
4. The applicant company should fill out Page 2, following the same requirements as listed in the "Company Establishment Registration Application Documents and Certificates Catalogue" within the "Company Establishment Registration Application Form."
Application for Company Deregistration Registration
Page 3
⑴ The company registration authority reviewers and approvers should fill in the "Review Opinion" and "Approval Result." The "Review Opinion" shall be standardized as: "Upon review, the submitted documents and certificates are complete, it is recommended to approve the company's dissolution registration." The "Approval Result" shall be standardized as: "Approval for the company's dissolution registration," and both the reviewer and approver should sign their names in the respective "Signature" section in person.
⑵ "Situation of Business License Seizure" shall be signed in person by the company applicant and the examiner of the company registration authority.
③ The records manager of the company's registration authority should fill in the "Record of archived cancellation documents" section, which can generally be written as "Archival materials have been archived."
⑷ "Application Date" refers to the date when the applicant submits complete documents, the review officer of the company registration authority receives the documents, and issues the "Application Receipt Notice."
The "Notice of Acceptance Number" should match the "Notice of Acceptance." In the format "() Registration Acceptance No. ", () should be filled with the abbreviated name of the county administrative division, such as "Jinghai"; [ ] should be filled with the year number; and "No." is the serial number.
The applicant refers to a natural person authorized by the company to apply for the cancellation of registration on behalf of the company. This person should be an employee of the company or its branch. Agents from qualified corporate registration agencies may also serve as the applicant for the company.
1. Applicant shall fill in their name in the blank of "Hereby appoint (authorize) Comrade..." on this form, and fill in "D" in the blank of "Responsible for Handling Item," then mark the "V" next to "Cancel" in option D.
2. "Determination (Entrustment) Time Limit" refers to the time period for the entire process of the entrustor applying for the company's dissolution registration, generally should be above six months; acting on business license application
3. The designated (confirmed) person, i.e., the applicant, should sign their name in person in the "Designated (Confirmed) Person's Signature" section.
4. The principal refers to the company applying for the cancellation of registration. The "Principal's signature (seal)" section should be signed by the legal representative of the company and affixed with the company's official seal.
5. Within the box on the back of this document:
⑴ When the principal is an employee of a company or a branch, paste a copy of their ID card.
⑵ When the principal is an authorized agent, affix a copy of their agent qualification certificate and ID card.
Confirmation (Entrustment) Letter
Submit documents and various contents for business license application processing
(1) Companies filling out the "Annual Inspection Report of the Company" and the "Annual Inspection Report of the Corporate Legal Person" should submit the following materials:
1. "Company Annual Inspection Report" or "Legal Person Company Annual Inspection Report" (in duplicate);
2. Annual Summary Balance Sheet
3. Annual Summary Profit and Loss Statement
4. Copy of Business License (1 copy)
5. Additional materials required by the Administration for Market Regulation.
(II) Companies submitting the "Annual Inspection Report" shall provide the following documents:
1. "Annual Inspection Report (in duplicate)"
2. A copy of the Business License (one copy)
3. A copy of the business license, signed by the legal representative of the affiliated legal entity and stamped with the corporate seal.
4. Additional materials required by the administrative authorities for industry and commerce.
(3) Enterprises filling out the "Annual Inspection Report Form for Foreign-Invested Enterprises and Foreign (Regional) Enterprises" shall submit the following documents:
1. "Annual Inspection Report for Foreign-Invested Enterprises and Foreign (Regional) Enterprises (in duplicate)"
2. Annual
3. Annual Profit and Loss Statement
4. Audit Report (or Accounting Verification Report)
5. Capital Verification Report (excluding those with funds in place and a capital verification report already submitted)
6. Additional materials required by the Administration for Market Regulation.
7. Copy of Business License (one copy).
Review Annual Inspection Documents - Folding
Upon receiving the annual inspection materials submitted by the enterprise, the registration authority shall carefully review them within the specified time limit. If any of the following issues are found, appropriate penalties shall be imposed based on the severity of the situation and relevant provisions such as the "Annual Inspection Measures for Corporate Legal Persons":
1. Failure to submit annual inspection materials within the specified time limit will result in a fine of up to 20,000 yuan and an order to complete the annual inspection procedures within a specified period.
2. Falsifying information or hiding the truth during annual inspections will result in fines of up to 20,000 yuan, and the company will be ordered to make corrections within a specified time. Failure to make corrections within the deadline will incur additional fines of up to 20,000 yuan, and continue until the business license is revoked.
3. Failure to submit annual inspection materials within the specified timeframe, and with no traceable whereabouts at the residence, will result in the revocation of their business license.
4. If a business has ceased operations but has not registered for dissolution as required, order the business to complete the dissolution registration within a specified period. If the business fails to do so, revoke its business license.
5. License to operate will be revoked for those who fail to participate in annual inspections for consecutive two years.
Corporate legal persons who should be registered with the competent authority but do not meet the conditions of corporate legal person or have serious illegal activities requiring suspension of business for rectification will have their annual inspection temporarily postponed and be dealt with in accordance with the law. The annual inspection procedures will be completed once the factors causing the temporary postponement are eliminated.
For enterprises that have passed the annual inspection and review, the administrative office for industry and commerce will affix an identification mark of the current year's annual inspection pass on their business license, or stamp the annual inspection special seal of the registration authority in the annual inspection column on the front or back of the duplicate. The specific procedures are as follows:
The company's "Business Corporation Registration Certificate," with an annual inspection sticker affixed to the original and an annual inspection stamp impressed on the duplicate.
The "Enterprise Legal Person Business License" of a non-company shall have the annual inspection mark affixed to its original copy. Additionally, the annual inspection column on the back of its duplicate copy should be filled with the year of inspection, the date of review, and the annual inspection seal of the registration authority stamped.
"Business License," with annual inspection stickers affixed to the original and duplicate copies, respectively.
"Articles of Incorporation of the People's Republic of China," "Business License of the People's Republic of China," with annual inspection stickers affixed to the original and duplicate copies respectively.
Payment submitted and license issued.
After passing the annual inspection, the company shall pay the annual inspection fee to the registration authority in accordance with the law. The annual inspection fee is 50 RMB. After the company pays the annual inspection fee, the registration authority will return the business license with the annual inspection sticker or stamp.
