The term "trademark agency" as mentioned in these Measures refers to the legal service agency that accepts the entrustment of the client and handles the application for trademark registration or other trademark matters in the name of the client.
The term "trademark agent" as mentioned in these Measures refers to the personnel who have obtained the practicing certificate of trademark agent and engaged in trademark agency business. Article 3 Without the approval of the State Administration for Industry and Commerce, no institution may engage in trademark agency business. Chapter II Trademark Agency Article 4 Anyone who meets the following conditions may apply to the State Administration for Industry and Commerce for trademark agency business:
(a) there are more than three full-time trademark agents;
(2) The person in charge or the person in charge of the establishment has obtained the trademark agent qualification certificate. Article 5 To apply for trademark agency business, the following documents shall be submitted:
(a) an application signed by the person in charge or the person in charge of the formation;
(2) The name, resume, copy of resident identity card and copy of trademark agent qualification certificate of the person in charge or the person in charge of the establishment;
(3) the name and resume of the trademark agent, a copy of the resident identity card and a copy of the trademark agent's practice certificate.
A person who has not obtained the practice certificate of trademark agent but meets the requirements of Article 19 of these Measures shall submit a copy of the qualification certificate of trademark agent and the documents stipulated in Article 20 of these Measures. Article 6 To apply for trademark agency business, the applicant shall file an application with the State Administration for Industry and Commerce and report it to the local provincial administration for industry and commerce for the record.
The State Administration for Industry and Commerce shall approve the application that meets the conditions stipulated in Article 4 of these Measures, and send a copy to the provincial administration for industry and commerce where the applicant is located for the record. Article 7 An applicant shall apply for registration with the local administration for industry and commerce with the approval document of the State Administration for Industry and Commerce, and obtain the Business License of Enterprise as a Legal Person or the Business License.
The applicant who has obtained the Business License of Enterprise as a Legal Person or the Business License shall apply to the registration authority for changing the business scope with the approval document of the State Administration for Industry and Commerce.
The applicant shall apply to the State Administration for Industry and Commerce for trademark agency certificate after going through the formalities of enterprise registration or changing the registration. Article 8 A trademark agency shall conduct trademark agency business according to law from the date of receiving the Trademark Agency Certificate. Article 9 A trademark agency that meets the following conditions may set up branches with the approval of the State Administration for Industry and Commerce:
(1) It has been established for five years;
(two) there are more than fifteen full-time trademark agents. Article 10 A branch shall have more than three full-time trademark agents, and the person in charge shall be the full-time trademark agent stationed by the trademark agency to which it belongs. Article 11 When a trademark agency establishes a branch, it shall submit the documents specified in Article 5 of these Measures as well as the power of attorney issued by the trademark agency to the person in charge of the branch. Article 12 A branch established by a trademark agency shall register with the local administrative department for industry and commerce with the approval document of the administrative department for industry and commerce, obtain a business license, and report it to the local provincial administrative department for industry and commerce for the record. Thirteenth trademark agencies shall not entrust other units and individuals to engage in trademark agency activities.
A trademark agency shall not accept other units or individuals that do not have the qualification of trademark agency to engage in trademark agency activities in the name of a trademark agency, and shall not provide any convenience for engaging in the above activities. Article 14 A trademark agency may accept the entrustment of a client and appoint a trademark agent to handle the following business:
(1) Acting as an agent for trademark registration application, alteration, renewal, transfer, objection, revocation, review, infringement complaints and other related matters;
(two) to provide trademark legal advice, as a trademark legal adviser;
(3) Acting as an agent for other legal affairs related to trademarks.
The trademark registration application and other documents handled by the trademark agent shall be signed by the trademark agent and sealed by the trademark agency. Article 15 Where a trademark agency changes its name, address or legal representative (or person in charge), it shall file with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) within one month after the change registration.
The State Administration for Industry and Commerce shall suspend its trademark agency business if it no longer meets the conditions stipulated in Article 4 of these Measures due to changes in circumstances; If it still fails to meet the requirements within six months from the date of suspension, the State Administration for Industry and Commerce shall cancel the trademark agency qualification of the agency and withdraw the trademark agency certificate. Article 16 A trademark agency shall not accept the entrustment of both parties in the same trademark case. Chapter III Trademark Agents Article 17 A trademark agent shall abide by laws and regulations, abide by professional ethics and practice discipline, carry out trademark agency business according to law, provide good trademark legal services to clients in a timely and accurate manner, and earnestly safeguard the legitimate rights and interests of clients.