Current location - Trademark Inquiry Complete Network - Trademark inquiry - What is a trademark agency?
What is a trademark agency?

Legal analysis: Trademark agency is an agent who engages in civil legal acts in the name of the principal within the scope of agency authority, and the legal consequences arising therefrom directly belong to the principal. Trademark agency is a type of civil agency, which is a legal act in which a trademark agent engages in trademark affairs in the name of the principal within its agency authority.

Legal basis: "The People's Republic of China and the Civil Code"

Article 162 Civil laws implemented by an agent in the name of the principal within the scope of agency authority The act takes effect on the principal.

Article 163: Agency includes principal agent and legal agent.

The authorized agent shall exercise the power of agency in accordance with the principal's entrustment. The legal agent shall exercise the power of agency in accordance with the provisions of the law.

Article 171 If the actor has no agency authority, exceeds the agency authority, or after the termination of the agency authority, still performs agency acts without ratification by the principal, it will not be effective against the principal.

The counterparty may urge the principal to ratify it within thirty days from the date of receipt of the notice. If the principal fails to make any representation, it shall be deemed as a refusal to ratify. Before the act performed by the actor is ratified, the counterparty in good faith has the right to revoke it. Cancellation shall be made by notification.

If the act committed by the actor has not been ratified, the counterparty in good faith has the right to request the actor to perform the debt or to request compensation from the actor for the damage suffered. However, the scope of compensation shall not exceed the benefits that the counterparty can obtain when ratified by the agent.

If the counterparty knows or should know that the actor has no authority to act, the counterparty and the perpetrator shall bear liability according to their respective faults.

Article 172 If the actor has no agency authority, exceeds the agency authority, or continues to perform agency acts after the termination of the agency authority, and the counterparty has reason to believe that the actor has agency authority, the agency act is valid.