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Government Documents
Government Documents
UPDATED: February 2, 2010 NO. 5 FEBRUARY 24, 2010
Measures for Administration of Trademark Agency
Promulgated by the State Administration for Industry and Commerce of the People's Republic of China on November 11, 2009
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Article 1 For the purpose of maintaining the order of trademark agency and protecting the legitimate rights and interests of clients and trademark agency organizations, the Measures is hereby formulated in accordance with the Trademark Law of the People's Republic of China and the Implementing Regulations of Trademark Law of the People's Republic of China.

Article 2 Trademark agency herein refers to the handling of applications for trademarks registration and other matters related to trademarks by trademark agency organizations in the name of the clients after they accept the clients' commission.

Trademark agency organizations herein refer to legal service providers commissioned by the clients to handle applications for trademark registration or other matters related to trademarks in the name of the clients.

Trademark agents herein refer to the staff of trademark agency organizations.

Article 3 The industry and commerce administrative departments of the State Council shall supervise and regulate the agency behavior of trademark agency organizations and trademark agents throughout the country by law.

The industry and commerce administrative departments above the county level shall supervise and regulate the agency behavior of trademark agency organizations and trademark agents under their jurisdiction by law.

Article 4 An applicant for establishing a trademark agency organization shall apply for registration in the industrial and commercial administrative departments above the county level in his or her locus and obtain the Business License for an Enterprise as a Legal Person or Business License.

Article 5 A trademark agency organization shall not entrust other units and individuals with trademark agency activities and shall not provide any facility for such activities.

Article 6 A trademark agency organization can accept the clients' commission and designate a trademark agent to handle the following agency matters:

(1) Application for registration, change, renewal, assignment, opposition, withdrawal, review and adjudication and tort complaint of agent trademark, etc;

(2) To provide trademark legal consultation and act as trademark counselor; and

(3) Other relevant trademark issues.

Such documents as the application for trademark registration handled by a trademark agent shall be signed by the trademark agent and stamped with the seal of the trademark agency organization.

Article 7 The trademark agency organization shall not accept the commission of both parties of the same trademark case.

Article 8 A trademark agent shall abide by law, professional ethics and professional disciplines, carry out trademark agency business according to law, timely and accurately provide good trademark agency services for the clients, and carefully safeguard the clients' legal rights.

Article 9 A trademark agent shall meet the following requirements:

(1) Have full civil capacity;

(2) Be familiar with trademark law and relevant laws and regulations and have trademark agency expertise; and

(3) Practice in a trademark agency organization.

Article 10 A trademark agent shall not practice in two or more trademark agency organizations simultaneously.

Article 11 A trademark agent shall keep the clients' commercial secret, and shall not disclose undisclosed agency matters to other institutions and individuals without the clients' consent.

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