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 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 his agency authority.
Legal basis: "Trademark Law of the People's Republic of China"
Article 4 Natural persons, legal persons or other organizations need to obtain trademarks for their goods or services during production and business activities. If you have the exclusive right to use a trademark, you must apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.
The provisions of this Law regarding commodity trademarks shall apply to service trademarks.
Article 18: When applying for trademark registration or handling other trademark matters, you can handle it yourself or entrust a trademark agency established in accordance with the law to handle it.
When foreigners or foreign enterprises apply for trademark registration and handle other trademark matters in China, they should entrust a trademark agency established in accordance with the law to handle it.
Article 19 A trademark agency shall abide by the principle of good faith, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters as entrusted by the agent; A person's business secrets shall be subject to confidentiality obligations.
If the trademark applied for registration by the client may be prohibited from registration under this Law, the trademark agency shall clearly inform the client.
If a trademark agency knows or should know that the trademark applied for registration by the client falls under the circumstances specified in Articles 4, 15 and 32 of this Law, it shall not accept its entrustment.
Except for trademark registration for its agency services, a trademark agency shall not apply for registration of other trademarks.