(1) Having a Business License for Enterprise as a Legal Person or a business license;
(2) Having three or more business personnel with trademark agency qualifications;
(three) there are more than fifty thousand yuan of funds;
(4) Having a fixed office space and necessary office facilities.
Trademark agency organizations that have been engaged in domestic trademark agency business for more than two years and have more than three professionals with trademark agency qualifications and college education or equivalent foreign language level may apply for foreign-related trademark agency business. Article 4 The qualification of trademark agent shall be produced through examination.
Those who have obtained the qualification of lawyer or patent agent or have been engaged in trademark business for more than five years, or have studied intellectual property law for more than two years and obtained corresponding academic certificates, shall be examined by the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) upon their own application.
After passing the examination, the Trademark Office shall issue the Trademark Agent Qualification Certificate (hereinafter referred to as the Qualification Certificate). Article 5 Trademark agents refer to professionals who have obtained qualification certificates and engaged in trademark agency business in trademark agency organizations.
Where a trademark agent changes the trademark agency organization or resigns, it shall return the qualification certificate to the Trademark Office within one month, and the Trademark Office shall return it after commenting. Article 6 To apply for trademark agency business, the following documents shall be submitted:
(1) An application signed by the legal representative;
(2) a copy of the qualification certificate;
(3) The business license of the enterprise as a legal person or a copy of the business license.
To apply for foreign-related trademark agency business, documents certifying that three or more trademark agents have college degree or above or corresponding foreign language level shall also be submitted. Article 7 To apply for trademark agency business, the applicant shall submit the application documents to the local administration for industry and commerce of the province, autonomous region or municipality directly under the Central Government (hereinafter referred to as the provincial administration for industry and commerce). The provincial administration for industry and commerce shall sign an opinion within 15 days from the date of receiving the application and report it to the state administration for industry and commerce for designation or approval.
For those who meet the requirements, the State Administration for Industry and Commerce shall issue the Trademark Agency Organization Certificate; For those who do not meet the requirements, return the application documents and explain the reasons.
Trademark agency organizations shall carry out trademark agency business according to law from the date of designation or approval by the State Administration for Industry and Commerce. Article 8 A trademark agency organization may accept the entrustment and designate a trademark agent to handle the following agency business:
(1) Acting as an agent for trademark registration applications and related trademark registration matters;
(2) Providing trademark legal advice;
(three) as a trademark legal adviser;
(4) Acting as an agent for other legal affairs related to trademarks.
The trademark registration application and other documents handled by the trademark agent must be stamped with the seal of the trademark agency organization. Article 9 A person who has not obtained a qualification certificate and is not employed by a legal trademark agency organization shall not act as an agent or in disguised form for trademark affairs. Article 10 A trademark agent shall abide by the provisions of laws and regulations and earnestly safeguard the interests of clients.
When engaging in trademark agency business, trademark agents have the right to consult relevant case materials and investigate relevant situations from relevant units and individuals in accordance with relevant regulations, and relevant units and individuals shall give them support.
Without permission, the trademark agent shall not charge. Article 11 Where a trademark agency changes its name, office space or legal representative, it shall report to the State Administration for Industry and Commerce for the record within one month after the change registration. Article 12 Trademark agencies have no affiliation and have equal legal status. Trademark agency organizations independently manage managers, finances and materials, and independently carry out trademark agency business.
Trademark agency organizations shall accept the business guidance and administrative supervision of the administrative department for industry and commerce. Thirteenth trademark agency organizations can undertake trademark agency business across administrative regions. Article 14 Where a trademark agency commits any of the following acts, it shall be handled by the local provincial administration for industry and commerce or the State administration for industry and commerce in accordance with relevant laws and regulations; If there are no provisions in laws and regulations, it may be given a warning or ordered to suspend business for rectification; If the circumstances are serious, the State Administration for Industry and Commerce shall revoke its trademark agency qualification:
(1) concealing the real situation and practicing fraud when applying for trademark agency business;
(two) in violation of the provisions of these measures on the organizational conditions of trademark agency or unable to carry out normal trademark agency business;
(3) Causing heavy losses to the client.
(4) colluding with a third party to harm the legitimate rights and interests of the client;
(five) to harm other intermediary organizations or the interests of the state and society by improper behavior;
(6) engaging in other illegal activities. Fifteenth punished trademark agency organization refuses to accept the administrative punishment of the Provincial Administration for Industry and Commerce or the State Administration for Industry and Commerce, it shall, within fifteen days from the date of receiving the punishment decision, apply to the State Administration for Industry and Commerce for reconsideration.