Administrative Measures For Trademark Agency

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Director Zhou Bohua

July 12th, two

Administrative measures for trademark agency

Article 1 in order to safeguard the order of trademark agents and protect the legitimate rights and interests of clients and trademark agency organizations, these measures are formulated in accordance with the Trademark Law of the People's Republic of China and the regulations on the implementation of the Trademark Law of the People's Republic of China.

The second "trademark agency" as mentioned in these Measures refers to the trademark agency's acceptance by the principal, and the application for trademark registration and other related trademark matters in the name of the client.

The trademark agency organization as mentioned in these Measures refers to the legal service institution that accepts the entrustment's entrustment and applies for trademark registration application or other trademark matters in the name of the trustor.

Trademark agents referred to in these Measures refer to those practising in trademark agency organizations.

Third the State Council administrative departments for Industry and Commerce shall administer and supervise the agency acts of trademark agencies and trademark agents nationwide.

The administrative departments for Industry and commerce at or above the county level shall administer and supervise the agency acts of trademark agencies and trademark agents in their respective jurisdictions according to law.

The fourth applicant applies for the establishment of a trademark agency. The applicant applies for registration to the administrative department for Industry and commerce above the county level, and receives the business license or business license of the enterprise legal person.

Where a law firm is engaged in trademark agency, the preceding paragraph shall not apply.

Fifth trademark agency organizations shall not entrust other units and individuals to engage in trademark agency activities, and shall not provide any convenience for engaging in such activities.

Sixth trademark agency organizations are acceptable.

(1) agents, such as application for registration, alteration, renewal, pfer, objection, revocation, review, infringement complaint, etc.

(two) providing trademark legal advice and acting as trademark legal adviser;

(three) acting for other trademark matters.

Trademark agent handling

The seventh trademark agency organizations shall not accept the entrustment of both parties in the same trademark case.

The eighth trademark agents should abide by the law, abide by professional ethics and practice discipline, carry out trademark agency business according to law, provide timely and accurate service to the principal, and earnestly safeguard the legitimate rights and interests of the trustor.

The ninth trademark agents shall meet the following requirements:

(1) having full capacity for civil conduct;

(two) be familiar with trademark law and relevant laws and regulations, and possess professional knowledge of trademark agency;

(three) practising in trademark agency.

The tenth trademark agents may not practise at the same time with more than two trademark agents.

The eleventh trademark agents shall keep commercial secrets for the trustor, and shall not divulge the undisclosed agency matters to other organizations and individuals without the consent of the principal.

The twelfth party should refuse to accept the entrustment if it knows that the principal's entrustment is malicious or his act is in violation of the state law or fraudulent.

Article thirteenth where a trademark agency has one of the following acts, it shall be warned or punished by the administrative department for Industry and commerce at or above the county level at its place or place of action, and if the illegal gains are obtained, the amount of the illegal income shall be less than three times, but the maximum penalty of not exceeding thirty thousand yuan shall be: thirteenth.

(1) collusion with third parties to damage the legitimate rights and interests of the client;

(two) violation of the fifth and seventh provisions of the present measures;

(three) damage the legitimate rights and interests of state and social public interests or other agency organizations;

(four) engaging in other illegal activities.

The fourteenth trademark agents shall have one of the following acts: their location or

The administrative department for Industry and commerce above the county level shall give a warning or impose a fine of not more than ten thousand yuan:

(1) accepting a trust privately, collecting fees from clients, and accepting property from clients.

(two) concealing facts, providing false evidence, or threatening or inducing others to conceal facts and provide false evidence;

(three) violation of the tenth, eleventh and twelfth provisions of the present measures;

(four) there are other illegal acts.

Fifteenth in violation of the provisions of the first paragraph of article fourth of these measures, the organization that has not registered with the administrative department for Industry and commerce or engaged in trademark agency activities or has obtained registration by means of deception shall be punished by the administrative department for Industry and commerce at or above the county level in accordance with the laws and regulations governing the registration and administration of the enterprises concerned.

The sixteenth punishments of trademark agency organizations and trademark agents are not satisfied with the administrative penalties imposed by the administrative departments for Industry and commerce. They may apply for reconsideration in accordance with the provisions of the administrative reconsideration law, or directly initiate proceedings against the people's courts according to law.

The seventeenth way is to be explained by the State Administration for Industry and commerce.

The eighteenth measures shall come into force on the date of promulgation.