Measures for the Administration of Trademark Agencies
November 11, 2009
Article 1 These Measures are formulated in accordance with the provisions of the Trademark Law of the People’s Republic of China and the Rules for the Implementation of the Trademark Law of the People’s Republic of China with a view to maintaining the order of trademark agencies and protecting the legitimate rights and interests of clients and trademark agency institutions.
Article 2 Trademark agencies as referred to in these Measures shall mean handling of matters concerning applications for registration of trademarks and other matters relating to trademarks by trademark agency institutions in the name of the clients who have entrusted the trademark agency institutions.
Trademark agency institutions as referred to in these Measures shall mean the legal service agencies which accept the entrustment of clients and handle matters concerning applications for registration of trademarks and other matters relating to trademark in the name of the clients.
Trademark agents as referred to in these Measures shall mean staff members of the trademark agency institutions.
Article 3 The administrative authorities for industry and commerce under the State Council shall, in accordance with the law, administrate and oversee the acts of the trademark agency institutions and trademark agents across the whole country.
The administrative authorities for industry and commerce above the country level shall, in accordance with the law, administrate and oversee the acts of the trademark agency institutions and trademark agents within their own jurisdiction.
Article 4 Where an applicant files an application for establishment of a trademark agency institution, the applicant shall apply for a registration with the administrative authorities for industry and commerce above the country level in the locality of the applicant for the Business License of Enterprise Legal Person or the Business License.
Article 5 No trademark agency institution is allowed to entrust other entities or individuals to engage in trademark agency activities or provide any convenience for the said activities.
Article 6 A trademark agency institution may accept the entrustment of a client and appoint trademark agents to provide the following agency services:
(1) Acting for the trademark agency institution in dealing with the matters in connection with application for registration of trademark, trademark change, renewal, transfer, opposition, cancellation, evaluation, compliant against infringement, etc.;
(2) Advising on trademark laws and acting as adviser of trademark laws;
(3) Acting for the trademark agency institution in dealing with other affairs relating to trademark.
Documents handled by a trademark agent, such as an application for registration of trademark, shall be signed by the trademark agent and affixed with the seal of the trademark agency institution.
Article 7 A trademark agency institution shall not accept the entrustment of both parties to a same trademark case.
Article 8 Trademark agents shall comply with laws, stick to the professional ethics and practice discipline, carry out trademark agency businesses by law, provide their clients with good trademark agency services in a prompt and accurate manner, and earnestly safeguard the legitimate rights and interests of the clients.
Article 9 A trademark agent shall meet the following conditions:
(1) having a complete civil capacity;
(2) having a good knowledge of trademark laws and relevant laws and regulations, with expertise in trademark agencies;
(3) Practising in a trademark agency institution.
Article 10 A trademark agent shall not concurrently practise in two or more trademark agency institutions.
Article 11 Trademark agents shall keep the business secrets of their clients in confidence, and do not disclose any undisclosed agency matters to other entity or individual without the consent of clients.
Article 12 Trademark agents shall refuse to accept the entrustment of the client who has a malicious intent in the matters to be entrusted or whose conduct has violated the laws of the State or is fraudulent.
Article 13 If a trademark agency institution commits any of the following acts, it may be given a warning or imposed with a fine of no more than RMB 10,000 by the administrative authorities for industry and commerce above the county level in its locality or the place where the act is committed; if any illegal gain is made, the fine will be below threefold of the illegal gain but not exceed RMB 30,000.
(1) Colluding with a third party to damage the legitimate rights and interests of clients;
(2) Violating the provisions of article 5 or 7 hereof;
(3) Damaging the public interests of the State and the society or the legitimate rights and interests of other agency institutions; or
(4) Engaging in other illegal activities.
Article 14 If a trademark agent commits any of the following acts, he/she shall be given a warning or imposed with a fine of no more than RMB 10,000 by the administrative authorities for industry and commerce above the county level in its locality or the place where the act is committed:
(1) Accepting an entrustment privately, charging from a client, or taking the properties given by a client;
(2) Concealing facts or providing false evidence, or coercing others into concealing facts or providing false evidence, or inducing others to do so;
(3) Violating the provisions of Article 10, 11 and 12 of these Measures; or
(4) Other violations of laws.
Article 15 Where a trademark agency institution engages in trademark agency activities without being registered with the administrative authorities for industry and commerce or acquires the registration by fraud, the trademark agency institution shall be given an administrative penalty by the administrative authorities for industry and commerce above the country level in the locality of the said institution in accordance with the laws and regulations governing the administration for registration of enterprises.
Article 16 If a trademark agency institution or a trademark agent is not satisfied with the administrative penalty imposed by the administrative authorities for industry and commerce, it/he may apply for a review in accordance with the provisions of the Administrative Reconsideration Law of the People’s Republic of China, or file a lawsuit directly to the people’s court.
Article 17 The power to interpret these Measures shall reside in the State Administration for Industry & Commerce.
Article 18 These Measures shall come into force as of the date of promulgation.
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