Article 1 In order to strengthen the management of trademark evaluation institutions, maintain the normal order of trademark evaluation, and protect the legitimate rights and interests of trademark evaluation institutions and clients, in accordance with the Trademark Law of the People's Republic of China and other Relevant laws and regulations shall formulate these Measures. Article 2 The State Administration for Industry and Commerce and local administrations for industry and commerce at all levels shall be responsible for the management of trademark evaluation agencies in accordance with relevant laws, regulations and these Measures. Article 3 Only institutions that meet the conditions stipulated in these Measures and are qualified by the State Administration for Industry and Commerce can carry out trademark evaluation business. To evaluate trademarks that are state-owned assets, an asset evaluation qualification certificate issued by the state-owned assets management department must also be obtained.
The State Administration for Industry and Commerce has established a Trademark Evaluation Institution Qualification Assessment Committee to be responsible for the evaluation of the qualifications of trademark evaluation institutions. Article 4 To apply for trademark evaluation business, one must meet the following conditions:
(1) Have corporate legal person qualifications;
(2) Have a registered capital of more than 100,000 yuan;
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(3) No less than 2 full-time personnel in financial accounting, economic management and engineering technology (construction engineering, mechanical and electrical equipment, etc.) with high and intermediate professional and technical positions;
(4) ) There shall be no less than 3 full-time personnel qualified for trademark evaluation. Article 5: Trademark evaluators are selected after their qualifications are assessed.
Those who have a college degree or above or have been engaged in trademark management for more than 3 years, apply in person and pass the assessment by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office), the Trademark Office will issue a "Trademark Assessor Qualification Certificate". Article 6 To apply for trademark evaluation business, the following documents shall be submitted:
(1) Application signed by the legal representative;
(2) Business registration stamped with the seal of the registration authority Copy of license;
(3) List of evaluators and copies of trademark evaluator qualification certificates and professional and technical position qualification certificates. Article 7 Anyone who applies to carry out trademark evaluation business shall submit the application documents to the local municipal (prefecture) level industrial and commercial administration bureau.
The municipal (prefecture)-level industrial and commercial administration shall sign its opinions within 15 days from the date of receipt of the application and forward it to the provincial-level industrial and commercial administration.
The provincial administration for industry and commerce shall sign its opinions within 15 days from the date of receipt of the application and forward it to the state administration for industry and commerce. Article 8 The State Administration for Industry and Commerce shall make a decision within 2 months from the date of receipt of the complete application documents. For those who meet the conditions, a "Trademark Assessment Agency Qualification Certificate" will be issued; for those who do not meet the conditions, the application documents will be returned and the reasons will be explained. Article 9: Trademark evaluation agencies carry out trademark evaluation business without being restricted by industry or region. Article 10: Trademark evaluation agencies shall abide by national laws, regulations and policies, and follow the principles of openness, impartiality, fairness and client confidentiality. Article 11 If a trademark evaluation agency has any of the following circumstances, it shall report to the State Administration for Industry and Commerce and the local provincial administration for industry and commerce for record within one month after completing the relevant procedures:
(1) Change of name;
(2) Change of domicile;
(3) Change of legal representative;
(4) Termination. Article 12 If an institution that has obtained the "Qualification Certificate for Trademark Evaluation Institutions" no longer meets the conditions specified in Article 4 of these Measures due to personnel changes or other reasons, it shall cease its trademark evaluation business.
The suspension or resumption of trademark evaluation business shall be carried out in accordance with the provisions of Article 11 of these Measures. Article 13 When a trademark evaluation agency accepts the entrustment of a client to conduct trademark evaluation, it shall sign a trademark evaluation contract. The content of the contract should include the trademark to be evaluated, the purpose of the evaluation, the period of evaluation, liability for breach of contract, etc. Article 14 A trademark evaluation agency shall, within one month after the conclusion of each trademark evaluation, submit the trademark evaluation report in the prescribed format to the provincial industrial and commercial administration bureau where it is located and where the client is located for filing.
The content of the trademark evaluation report shall include the name of the trademark evaluation agency, the name of the client, the trademark evaluated, the purpose of the evaluation, the method of evaluation, the conclusion of the evaluation, etc.
The trademark evaluation report shall be signed by the evaluator and legal representative qualified for trademark evaluation, and shall be stamped with the seal of the trademark evaluation agency. Article 15: Trademark evaluation agencies shall ensure the authenticity and legality of the trademark evaluation reports issued by them. Article 16 If a trademark evaluation agency commits any of the following acts, the local provincial administration for industry and commerce or the state administration for industry and commerce, in addition to handling the matter in accordance with relevant laws and regulations, may also give a warning or suspend its trademark evaluation business; if the circumstances are serious, , the State Administration for Industry and Commerce will cancel its qualification as a trademark evaluation agency:
(1) Concealing the true situation and committing fraud when applying for trademark evaluation business;
(2) Violating this provision Articles 11, 12, and 14 of the Measures;
(3) Neglect of duty, making the evaluation results seriously inaccurate;
(4) Accepting an entrustment entrusted by a person to conduct trademark evaluation for the purpose of advertising;
(5) harming the interests of the state, social public interests or the legitimate rights and interests of the client;
(6) Engage in other illegal activities.
For those directly responsible for the above-mentioned acts, the local provincial administration for industry and commerce may give a warning or suspend them from engaging in trademark evaluation business; if the circumstances are serious, the Trademark Office shall revoke their qualifications as trademark evaluators.
An organization that has been disqualified from trademark evaluation shall not re-apply for trademark evaluation business within 3 years from the date of cancellation.