Current location - Trademark Inquiry Complete Network - Trademark registration - What are the regulations for trademark agency management in my country?
What are the regulations for trademark agency management in my country?

Article 1: In order to maintain the order of trademark agency and protect the legitimate rights and interests of clients and trademark agency organizations, in accordance with the "Trademark Law of the People's Republic of China" and the "Trademark Law of the People's Republic of China" Implementing Regulations" and formulating these Measures. Article 2 The term “trademark agency” as mentioned in these Measures means that a trademark agency organization accepts the entrustment of the client and handles trademark registration applications and other related trademark matters in the name of the client. The term “trademark agency organization” as mentioned in these Measures refers to a legal service organization that accepts the entrustment of a client and handles trademark registration applications or other trademark matters in the name of the client. The term “trademark agent” as mentioned in these Measures refers to the staff members practicing in trademark agency organizations. Article 3 The administrative department for industry and commerce of the State Council shall manage and supervise the agency activities of national trademark agency organizations and trademark agents in accordance with the law. The industrial and commercial administration departments at or above the county level shall manage and supervise the trademark agency organizations and the agency activities of trademark agents in their respective jurisdictions in accordance with the law. Article 4 To apply for the establishment of a trademark agency organization, the applicant shall apply for registration with the local industrial and commercial administration department at or above the county level and obtain an "Enterprise Legal Person Business License" or "Business License". If a law firm engages in trademark agency, the provisions of the preceding paragraph shall not apply. Article 5 Trademark agency organizations shall not entrust other units and individuals to engage in trademark agency activities, and shall not provide any convenience for engaging in the above activities. Article 6 A trademark agency organization may accept the entrustment of the client and designate a trademark agent to handle the following agency business: (1) Agent for trademark registration applications, changes, renewals, transfers, objections, cancellations, reviews, infringement complaints and other related matters; (2) ) Provide trademark legal advice and serve as trademark legal advisor; (3) Act as an agent on other trademark-related matters. Documents such as trademark registration applications handled by a trademark agent shall be signed by the trademark agent and stamped with the seal of the trademark agency organization. Article 7 Trademark agency organizations shall not accept entrustment from both parties in the same trademark case. Article 8 Trademark agents shall abide by the law, abide by professional ethics and professional disciplines, conduct trademark agency business in accordance with the law, provide clients with good trademark agency services in a timely and accurate manner, and conscientiously safeguard the legitimate rights and interests of clients. Article 9 A trademark agent shall meet the following conditions: (1) Have full capacity for civil conduct; (2) Be familiar with the Trademark Law and relevant laws and regulations, and have professional knowledge of trademark agency; (3) Practice in a trademark agency organization. Article 10 A trademark agent shall not practice in more than two trademark agency organizations at the same time. Article 11 A trademark agent shall keep commercial secrets for the client and shall not disclose undisclosed agency matters to other institutions or individuals without the consent of the client. Article 12 A trademark agent shall refuse to accept the entrustment if he knows that the entrustment of the client is done in bad faith or that the act violates national laws or is fraudulent. Article 13 If a trademark agency organization commits any of the following acts, the administrative department for industry and commerce at or above the county level where it is located or where the act occurs shall give a warning or impose a fine of not more than 10,000 yuan; if there are illegal gains, a fine of not more than three times the amount of illegal gains shall be imposed. However, the maximum fine shall not exceed 30,000 yuan: (1) Collusion with a third party to damage the legitimate rights and interests of the client; (2) Violation of Articles 5 and 7 of these Measures; (3) Damage to the state and social public welfare * interests or the legitimate rights and interests of other agency organizations; (4) Engaging in other illegal activities. Article 14 If 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 the agent is located or where the act occurs shall give a warning or impose a fine of not more than 10,000 yuan: (1) Accepting a commission privately and collecting fees from the client; Accepting property from the client; (2) Concealing facts and providing false evidence, or threatening or inducing others to conceal facts and providing false evidence; (3) Violating the provisions of Articles 10, 11 and 12 of these Measures ; (4) Any other illegal conduct.

Article 15 Any organization that violates the provisions of Paragraph 1 of Article 4 of these Measures and engages in trademark agency activities without being registered by the administrative department for industry and commerce or that obtains registration by deceptive means shall be managed by the administrative department for industry and commerce at or above the county level where it is located in accordance with the relevant enterprise registration. laws and regulations. Article 16 If the punished trademark agency organization and trademark agent are dissatisfied with the administrative penalty imposed by the industrial and commercial administration department, they may apply for reconsideration in accordance with the provisions of the Administrative Reconsideration Law; they may also directly file a lawsuit with the People's Court in accordance with the law. Article 17 The State Administration for Industry and Commerce is responsible for the interpretation of these Measures. Article 18 These Measures shall come into effect from the date of promulgation. ? According to the Trademark Agency Management Measures, we can see that the Measures give the industrial and commercial administrative department the right to supervise trademark agencies, provide trademark agency-related activities that agents can carry out, and also provide prohibited agency activities. At the same time, Punishment methods and amount provisions are given. The Trademark Agency Management Measures are an action guide for trademark agents or organizations, and are also the basis for law enforcement by supervisory organizations. Relevant units and individuals should work in compliance with the law and enforce the law in accordance with the law.