Article 1 In order to regulate the practice of trademark agencies by law firms and their lawyers, maintain the order of trademark agency legal services, and protect the legitimate rights and interests of clients, in accordance with the Trademark Law of the People's Republic of China and the People's Republic of China ", "The Lawyers Law of the People's Republic of China" and other laws, regulations and rules, these Measures are formulated.
Article 2 These Measures shall apply to law firms and their lawyers engaged in trademark agency business.
The term "law firm" as mentioned in these Measures refers to the practice institution of a lawyer.
The term "lawyers" as mentioned in these Measures refers to practitioners who have obtained a lawyer's practicing certificate in accordance with the law and are assigned by a law firm to provide legal services to parties.
Article 3 Law firms and their lawyers engaged in trademark agency business shall practice law in accordance with the law, with integrity and responsibility, abide by lawyers' professional ethics and practice disciplines, and accept the supervision of parties and society.
Article 4 The industrial and commercial administrative organs and the judicial administrative organs shall supervise and manage the trademark agency business activities of law firms and their lawyers in accordance with the law. Article 5 A law firm may accept the client's entrustment and assign lawyers to handle the following trademark agency services:
(1) Agency for trademark registration applications, changes, renewals, transfers, certificate supplements, pledge registrations, and licensing contracts Filing, opposition, cancellation, revocation and Madrid international registration and other related trademark matters under the jurisdiction of the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office);
(2) Agency for trademark registration rejection review, objection review, Revocation review and registered trademark dispute cases and other related trademark matters under the jurisdiction of the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review and Adjudication Board);
(3) Acting as an agent for other matters related to the international registration of trademarks;
(4) Act as an agent in trademark infringement evidence investigation and trademark infringement complaints;
(5) Act as an agent in trademark administrative reconsideration and litigation cases;
(6) Act as an agent in trademark dispute mediation, Arbitration and other activities;
(7) Serve as trademark legal advisor, provide trademark legal consultation, and write trademark legal affairs documents;
(8) Act as agent for other trademark legal affairs.
Law firms engaged in the trademark agency business of Items 1 and 2 of the preceding paragraph shall register with the Trademark Office.
Article 6 When a law firm handles filing, it shall submit the following materials to the Trademark Office:
(1) Application for filing, which shall state the name, address, and organization of the law firm Form, person in charge, telephone number, fax, email address, postal code and other information;
(2) A copy of the law firm’s practice license stamped with the firm’s seal.
If the application materials are complete, the Trademark Office shall complete the filing and make an announcement within 15 days from the date of receipt of the application; if the application materials are incomplete, the applicant shall be notified to make corrections and then be filed.
Article 7 If the name, address, person in charge, contact information and other filing matters of a law firm are changed, the change filing shall be filed with the Trademark Office within 30 days after the change. To handle change filing, the following materials should be submitted:
(1) Application for change of filing matters;
(2) Documents proving the change of matters issued by the judicial administrative agency where the law firm is located ;
(3) A copy of the law firm’s practice license stamped with the firm’s seal.
If you change the filing matters other than your name, address, and person in charge, you do not need to submit the materials specified in item 2 of the preceding paragraph.
Article 8 If a law firm that handles trademark agency business registration is terminated, it shall apply to the Trademark Office for settlement and cancellation of registration. To apply for settlement, the following materials (in duplicate) should be submitted:
(1) Settlement application, specifying the application matters, account opening bank, account number, payee, handler and contact information, etc.;
(2) The trademark agency business list that the firm has reported to the Trademark Office and the Trademark Review and Adjudication Board;
(3) The certification documents issued by the firm authorizing the handler to handle settlement procedures.
The Trademark Office shall complete the settlement procedures of the law firm within three months from the date of receipt of the application, issue a settlement certificate, cancel its registration for trademark agency business and make an announcement. Article 9 When a lawyer undertakes trademark agency business, the law firm shall accept the entrustment uniformly, sign a written entrustment contract with the client, collect fees uniformly in accordance with national regulations and record them truthfully in the account.
When a law firm accepts trademark agency business, it shall conduct a conflict of interest review in accordance with relevant regulations, and shall not violate the regulations by accepting trademark agency business that conflicts with the interests of the legal affairs handled by the firm and its clients.
Article 10 When a lawyer undertakes trademark agency business, he shall strictly perform his agency duties in accordance with the entrustment contract, promptly notify the client of the progress of the entrusted matters, and shall not delay or refuse the agency without justifiable reasons.
If the entrusted matter is illegal, the client uses the services provided by the lawyer to engage in illegal activities, and the client deliberately conceals important facts, conceals evidence, or provides false or forged evidence, the lawyer has the right to refuse representation.
Article 11 The legal opinions and relevant documents provided by lawyers regarding trademark agency shall comply with the provisions of relevant laws, regulations and rules, and shall comply with the requirements of the Trademark Office, Trademark Review and Adjudication Board and local industrial and commercial administration authorities. , should be true, accurate and complete, and be stamped and issued after being reviewed and found to be correct by the law firm.
Article 12 Law firms that register with the Trademark Office shall remit the advance payment of trademark fees to the Trademark Office account in accordance with regulations.
If the balance of the advance payment of trademark fees is insufficient, the Trademark Office or the Trademark Review and Adjudication Board shall not accept the trademark application represented by the law firm in accordance with the provisions of Article 18, Paragraph 1 of the "Regulations for the Implementation of the Trademark Law" .
Article 13 When law firms and their lawyers undertake trademark agency business, they may not entrust other units or individuals to handle it on their behalf, nor may they cooperate with non-legal service agencies or non-trademark agency organizations to handle it.
Article 14 Lawyers can only practice in one law firm and are not allowed to engage in trademark agency business in other trademark agency organizations at the same time.
Article 15 Law firms and their lawyers undertaking trademark agency business shall abide by the confidentiality provisions of lawyers' practice. Agency matters and related information shall not be disclosed to other units or individuals without the consent of the client.
Article 16 Law firms and their lawyers shall not contract trademark agency business by slandering other law firms and lawyers, trademark agency organizations and trademark agents, or by paying introduction fees or other improper means.
Article 17 Law firms and their lawyers undertaking trademark agency business shall not take advantage of the convenience of providing legal services to seek the rights and interests of the parties involved in the dispute, shall not accept property or other interests from the other party, and shall not engage in disputes with the other party or other parties. A third party maliciously colludes to infringe upon the rights and interests of the client.
Article 18 If a law firm has unfinished trademark agency business after the cause of termination occurs, it shall promptly negotiate with the client to terminate the agency relationship, or notify the client to go through the procedures for changing the agency. ; If the principal is a foreigner or a foreign enterprise, he shall be assisted to go through the procedures for changing the entrusted agency.
If a lawyer changes his practice institution, terminates his practice or is punished by suspension of practice, he shall, under the arrangement of the law firm, complete the handover procedures for the trademark agency business that he has undertaken but has not yet completed in a timely manner.
Article 19 Law firms shall strengthen the supervision of lawyers engaged in trademark agency business, promptly correct lawyers' violations of laws and regulations in trademark agency activities, and mediate disputes between lawyers and clients in their practice. dispute.
Law firms should organize lawyers to participate in trademark business training, conduct experience exchanges and business seminars, and improve lawyers’ trademark agency business levels.
Article 20 If a law firm and its lawyers engage in trademark agency business and violate laws, regulations and rules and need to be given warnings or fines, the industrial and commercial administrative agencies and judicial administrative agencies that accept complaints and discover problems shall respectively act in accordance with relevant laws. Penalties shall be implemented in accordance with the provisions of laws, regulations and rules; if a law firm needs to be punished by suspending business for rectification or revoking its practicing license, or a lawyer must be punished by suspending his practice or revoking his practicing certificate, the judicial administrative agency shall impose the punishment in accordance with the law; if there is a violation of the lawyer industry norms Those who violate the law will be given corresponding industry sanctions by the Lawyers Association.
If the illegal conduct of lawyers and law firms engaged in trademark agency business is suspected of being a crime, they shall be transferred to the judicial authorities for handling.
Article 21: Law firms and their lawyers violate the provisions of Articles 7, 8, and 18 of these Measures, resulting in documents issued by the Trademark Office or Trademark Review and Adjudication Board being unable to be delivered within the prescribed time limit. If the case is reached, the legal consequences shall be borne by the law firm and its lawyers.
If a law firm and its lawyers violate the provisions of Articles 7, 8, and 18 of these Measures, resulting in the return of service documents or complaints from clients, upon verification, the Trademark Office may Public notification will be made in accordance with regulations.
Article 22 If a law firm is punished by suspension of business for rectification in accordance with the law, during the period of suspension of business for rectification, the Trademark Office or the Trademark Review and Adjudication Board may suspend the acceptance of new trademark agency business of the law firm.
If a law firm that has registered with the Trademark Office is punished by suspending business for rectification, it shall report the circumstances of the penalty and the penalty period to the Trademark Office and the Trademark Review and Adjudication Board in a timely manner.
Article 23 The industrial and commercial administrative authorities and the judicial administrative authorities shall cooperate with each other, communicate with each other, and establish a coordination and consultation mechanism when investigating and handling illegal acts by law firms and lawyers engaged in trademark agency business. If a penalty should be imposed by the other party in accordance with the law, it shall be transferred to the other party in a timely manner; after one party imposes a penalty, it shall notify the other party in writing of the penalty result. Article 24 The State Administration for Industry and Commerce and the Ministry of Justice are responsible for the interpretation of these Measures.
Article 25 These Measures shall come into effect on January 1, 2013.