Article 2 The term "trademark agency" as mentioned in these Regulations refers to the act of a trademark agency organization accepting the entrustment of a client to handle trademark registration applications and other trademark matters in the name of the client within the scope of entrustment.
The term "trademark agency organization" as mentioned in these Regulations refers to an intermediary service organization that registers enterprises according to law and acts as an agent for trademark registration applications or other trademark matters.
The term "trademark agent" as mentioned in these Regulations refers to the full-time personnel who have obtained the trademark agency qualification and practiced in the trademark agency organization.
Article 3 The Trademark Office of the State Council Administration for Industry and Commerce shall manage and supervise the agency behavior of trademark agencies and trademark agents nationwide according to law.
The administrative departments for industry and commerce at or above the county level shall, in accordance with the law, manage and supervise the agency behavior of trademark agencies and trademark agents in their respective jurisdictions.
Article 4 Trademark agencies and trademark agents shall join the Trademark Agency Branch of China Trademark Association to conduct self-discipline management of the industry.
The Trademark Agency Branch of China Trademark Association accepts the guidance, supervision and management of the State Council Administration for Industry and Commerce.
Article 5 Trademark agencies shall follow the principle of good faith in handling agency business. Article 6 To establish a trademark agency organization, the following conditions shall be met:
(1) Having its own name, articles of association and fixed office space, and being able to bear civil liabilities independently;
(2) Having three or more trademark agents;
(3) Its registered capital is not less than 500,000 yuan;
(4) The name of a trademark agency organization shall contain the words "trademark agency", "intellectual property agency" or similar words, indicating that it is engaged in intellectual property agency business;
(5) The business scope approved by the enterprise includes trademark agency or intellectual property agency business;
(6) It meets the requirements of the total number of trademark agency organizations and * stipulated by the Trademark Office of the State Council Administration for Industry and Commerce;
(seven) meet the requirements of the trademark agency industry management norms and mandatory standards.
Where an enterprise changes its business scope and increases its trademark agency business, it shall handle it in accordance with the requirements of the preceding paragraph.
Article 7 A trademark agency may handle the following trademark business:
(1) Acting as an agent for trademark registration, such as application, alteration, renewal, transfer, replacement, pledge, filing, objection, cancellation and cancellation of the license contract;
(2) Acting as an agent for trademark rejection review, objection review, revocation review and trademark dispute cases;
(three) to investigate the evidence of trademark cases and act as an agent for trademark infringement complaints;
(four) to provide trademark legal advice, as a trademark legal adviser;
(5) Acting as an agent for trademark administrative reconsideration and litigation cases;
(six) to participate in trademark dispute mediation, contract arbitration and other activities;
(7) Matters related to the international registration of Madrid agency trademarks;
(8) Acting as an agent for other trademark affairs.
When applying for trademark registration, a trademark agency shall include submitting an application for trademark registration, receiving a notice of correction, a notice of acceptance, a notice of rejection and a notice of objection, obtaining a trademark registration certificate, and handling other matters related to the application for trademark registration.
The agency authority of other trademark businesses shall be formulated and promulgated by the Trademark Office of the State Council Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) and the Trademark Review and Adjudication Board of the State Council Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board).
Article 8 When a trademark agency accepts the entrustment to undertake trademark agency business, it shall provide relevant documents in accordance with the provisions of laws and regulations and the requirements of the Trademark Office and the Trademark Review and Adjudication Board, and affix its seal on the relevant documents. Trademark agencies are jointly and severally liable knowing that the documents submitted by the clients are untrue.
Trademark agencies shall, in accordance with the provisions of the financial department of the State Council, pay various business expenses on behalf of their clients at the same time when applying. If the fees are not paid to the Trademark Office and the Trademark Review and Adjudication Board on time, the application will not be accepted in accordance with the provisions of the Trademark Law and the Regulations for the Implementation of the Trademark Law.
When accepting the entrusted business, the trademark agency organization shall collect fees in accordance with the relevant provisions of the state.
Article 9 The establishment of a branch by a trademark agency shall be handled in accordance with the requirements of Article 6 of these Regulations.
The offices and representative offices established by trademark agency organizations shall not engage in trademark agency business.
Article 10 Where a trademark agency applies for trademark registration and handles other trademark matters as an agent, the domicile of the trademark agency shall be regarded as the contact address of the client.
In the process of applying for trademark registration, if the client changes the agency organization applying for trademark registration, it shall go through the formalities of changing the agent, and the changed trademark agency organization will serve as the communication link for subsequent legal procedures related to trademark application.
After the trademark registration application is registered by the agent, the agency organization acts as the communication contact person for the subsequent legal procedures related to the registered trademark. If the client no longer entrusts the original agency organization to handle the relevant business, it shall go through the formalities of changing the agent, and the changed trademark agency organization will serve as the communication link for the trademark follow-up related legal procedures.
Article 11 Where a trademark agency organization needs to terminate, it shall sign a termination agreement with the client or notify the client to entrust it separately, and go through the formalities for changing the agent in time; If the principal is a foreigner or a foreign enterprise, it shall go through the formalities for changing the agent.
Where a trademark agency organization no longer engages in trademark agency business and goes through the registration of change, it shall go through the relevant formalities with reference to the provisions of the preceding paragraph.
Article 12 Where a trademark agency cancels or no longer engages in trademark agency business and goes through the registration of change, the original registration authority shall notify the Trademark Office within 15 days from the date of cancellation or registration of change, and notify the local provincial administrative department for industry and commerce. Article 13 A trademark agent shall meet the following conditions:
(1) Having full capacity for civil conduct;
(2) Having a college degree or above (or equivalent) and having passed the qualification examination or assessment of trademark agents;
(3) Having not received criminal punishment, except for negligent crimes;
(four) has not been expelled from public office or revoked the qualification of trademark agent;
(five) abide by laws and regulations, abide by professional ethics and practice discipline, and earnestly safeguard the legitimate rights and interests of customers.
State functionaries shall not concurrently serve as trademark agents.
Article 14 A trademark agent shall attend business training every year. The Trademark Office is responsible for the training of agents and may entrust the Trademark Agency Branch of China Trademark Association to implement it.
The qualification of trademark agent shall be assessed every two years.
Measures for the qualification examination, assessment and verification of trademark agents shall be formulated by the Trademark Agency Branch of China Trademark Association and reported to the Trademark Office for the record.
Article 15 A trademark agent shall sign the documents submitted by the trademark agency organization to the Trademark Office and the Trademark Review and Adjudication Board.
Article 16 A trademark agent shall not engage in trademark agency business in two or more trademark agency organizations at the same time.
Before leaving the trademark agency organization, the trademark agent must properly handle the unfinished trademark agency business.
Article 17 A trademark agency shall go through the appointment formalities with the trademark agent, and report to the Trademark Office in writing for the record within 15 days from the date of appointment. Where the employment relationship is terminated, the trademark agency organization shall submit a written report to the Trademark Office for filing within/0/5 days from the date of termination. Article 18 The administrative departments for industry and commerce at all levels shall strengthen the supervision and management of trademark agency behaviors, establish and improve the credit evaluation system of trademark agency organizations, regularly publish credit rating information, warn against bad trademark agency behaviors, and standardize the market order of trademark agency.
Measures for credit evaluation of trademark agency organizations shall be formulated and promulgated separately by the Trademark Office.
Article 19 A trademark agency organization shall not accept the entrustment of the parties or interested parties in the same trademark case.
After the trademark agency organization terminates the entrustment relationship with the principal according to law, it shall not accept the entrustment of other parties in trademark affairs who have conflicts of interest with the original principal.
Article 20 A trademark agency organization shall not accept the entrustment, knowing that the entrusted matters of its clients are malicious or its actions violate the laws of the state or are fraudulent. If the entrustment is accepted, the entrustment relationship shall be terminated.
After accepting the entrustment, the trademark agency organization shall perform its agency obligations in a timely manner.
Article 21 When undertaking trademark business, a trademark agent shall accept entrustment in the name of a trademark agency organization and collect fees. A trademark agent shall not accept entrustment without permission.
Article 22 Without the consent of the client, a trademark agency and a trademark agent shall not disclose the undisclosed agency matters to other organizations or individuals.
Article 23 Trademark agencies and trademark agents shall not influence state functionaries by improper means, nor shall they incite or induce their clients to pay bribes to the above-mentioned personnel.
Article 24 Trademark agencies and trademark agents shall not mislead their clients with exaggerated or false propaganda, slander other trademark agencies and trademark agents, or solicit business by kickbacks or other unfair competition means.
Twenty-fifth trademark agencies and trademark agents shall not solicit business in the office of state organs. Article 26 Where an institution or individual without the scope of trademark agency business engages in trademark agency business, the administrative department for industry and commerce at or above the county level in the place where the institution is registered or where the individual has his habitual residence or behavior shall order him to stop the illegal act, confiscate his illegal income and impose a fine of 6,543,800 yuan to 6,543,800 yuan; Suspected to constitute a crime, transferred to judicial organs for criminal responsibility according to law.
Article 27 Where a trademark agency commits any of the following acts, the administrative department for industry and commerce at or above the county level shall give it a warning and impose a fine ranging from 3,000 yuan to 30,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, it shall be ordered to suspend business for rectification until its business license is revoked; Suspected to constitute a crime, transferred to judicial organs for criminal responsibility according to law:
(a) when applying for business, in violation of the provisions of Article 6 of these regulations, concealing the real situation and practicing fraud;
(2) Forging or altering legal documents or violating the provisions of the first paragraph of Article 8 of these Regulations;
(three) in violation of the provisions of this Ordinance nineteenth, twenty, twenty-two, twenty-three, twenty-four, twenty-five;
(4) The interests of the entrusting party are damaged due to the fault of the trademark agency;
(five) take advantage of the convenience of providing services, seize other people's trademarks, maliciously buy and sell other people's trademarks or seek illegitimate interests;
(six) damage to the interests of the state or society and the legitimate rights and interests of third parties;
(seven) to engage in other illegal activities.
Article 28 Where a trademark agent commits any of the following acts, the administrative department for industry and commerce at or above the county level in the place where he is located or where he acts shall give him a warning, order him to make corrections within a time limit, and may impose a fine of more than 2,000 yuan and less than 20,000 yuan; Illegal income, confiscate the illegal income; If the circumstances are serious, the Trademark Agency Branch of China Trademark Association will cancel its agency qualification; If the case constitutes a crime, the judicial organ shall investigate its criminal responsibility according to law:
(a) in violation of the provisions of this Ordinance twenty-first, twenty-two, twenty-three, twenty-four, twenty-five;
(2) The interests of the principal are harmed due to the fault of the trademark agent;
(3) taking advantage of the convenience of providing services to seize other people's trademarks, maliciously buying and selling other people's trademarks or seeking illegitimate interests;
(four) damage to the interests of the state or society and the legitimate rights and interests of third parties;
(5) engaging in other illegal activities.
Twenty-ninth trademark agencies and trademark agents who violate the provisions of Article 22 of these regulations and constitute infringement of trade secrets shall be punished in accordance with the provisions of the Anti-Unfair Competition Law of People's Republic of China (PRC).
Article 30 Where a trademark agent violates the provisions of Article 16 of these Regulations and refuses to make corrections, the Trademark Agency Branch of China Trademark Association shall cancel his trademark agency qualification.
Article 31 Where the administrative department for industry and commerce at or above the county level makes a punishment decision on a trademark agency or trademark agent, it shall send a copy of the punishment decision to the Trademark Office.
Where the Trademark Agency Branch of China Trademark Association makes a decision on the handling of trademark agency organizations and trademark agents, it shall send a copy of the decision to the Trademark Office.
Article 32 The Trademark Office shall publicize the illegal acts of trademark agencies and trademark agents reported by the administrative department for industry and commerce at or above the county level and the Trademark Agency Branch of the China Trademark Association. In any of the following circumstances, the Trademark Office shall suspend or stop accepting trademark agency business:
(1) Being punished for suspending business for rectification;
(2) Its business license has been revoked.
(three) other circumstances that should stop accepting business.
Complaints against trademark agencies found by the Trademark Office after investigation or submitted by the parties and transferred by other departments shall be notified as appropriate. If the circumstances are serious or bad, the business of the relevant trademark agencies shall be suspended or stopped.
Thirty-third who refuses to accept the decision of administrative punishment made by the administrative departments for industry and commerce at all levels may apply for reconsideration in accordance with the Administrative Reconsideration Law of People's Republic of China (PRC), or bring a lawsuit directly to the people's court. Thirty-fourth foreign investors engaged in trademark agency business shall be handled in accordance with the relevant provisions of the state.
Article 35 The existing trademark agency organizations shall be regulated in accordance with the requirements of these Regulations within 0 years from the date of implementation of these Regulations; If it still fails to meet the provisions of Article 6 of these regulations within the time limit, the Trademark Office will stop accepting its agency business.
Article 36 These Regulations shall come into force as of the date of promulgation.