1. Concept According to Article 63 of the General Principles of Civil Law, agency means that an agent engages in civil legal actions in the name of the principal within the scope of agency authority, and the legal results generated are directly attributed to to the principal. Trademark agency is a type of civil agency, that is, a trademark agent engages in legal actions on trademark matters in the name of the principal within its agency authority. It is an important part of social legal intermediary services. 2. Professionalism and particularity As an important part of intellectual property legal intermediary services, trademark agency is highly professional and technical. Trademark agency system First of all, trademark rights do not naturally arise according to law. Secondly, a considerable part of trademark agency business is non-legal professional affairs. Trademark attorneys need to accurately grasp the classification of goods and services and have a thorough grasp of trademark review guidelines. Just take commodity classification as an example. According to the Nice Agreement on the International Classification of Goods and Services for Trademark Registration, there are 42 major categories in Japan, involving tens of thousands of goods. China has divided them into 485 similar groups, making the system complex. The content is detailed and constantly updated. The judgment of product categories and similar groups requires specialized knowledge and long-term practical experience to accurately grasp and judge. However, due to the lack of talents with a comprehensive understanding of trademark knowledge, it is difficult for enterprises to complete the above tasks on their own. 3. Selection conditions 1. It depends on whether it has a long history: the trademark processing cycle is very long, and a new application will take at least one and a half years to be issued; changes, transfers, contract filings, and renewals also take nearly a year. Agency organizations with a long history are mature and will not go bankrupt due to short-term business problems like those newly established small firms. Only in this way can you rest assured about the trademark you are applying for and avoid being stuck in a situation where you can’t get the registration certificate and can’t find it after a year. 2. It depends on whether the personnel are professional: China's powerful agents all hold trademark agent qualification certificates issued by the Trademark Office, and there are less than 2,000 people holding such certificates nationwide. 3. It is necessary to Look at their agency volume: Since the country liberalized the trademark agency market in 2003, nearly a thousand new trademark agency organizations, large and small, have been established across the country, including more than 40 in Henan. Among these trademark agency organizations, most of them have only a few annual agents. Ten items were simply not enough to survive. Within a year, dozens of companies had closed down due to this reason. 4. Depends on credibility: Large-scale, reputable agency organizations will seek truth from facts when registering trademarks, and will truthfully tell you the trademark processing cycle and various fees in advance; some agency organizations that lack credibility will often brag about several of their own. The trademark will be processed for you within 1 month. This situation is just the beginning of anticipatory deception; 5. It depends on whether a registration certificate has been issued: 6. It depends on whether it has been registered with the national bureau. 7. The combination of trademark and patent offices is beneficial to enhancing the overall strength of the office. Patent agents implement a relatively strict examination system, have a low admission rate, and have high practice stability. The combination of patent and trademark offices into one is an internationally common practice. Therefore, larger patent and trademark firms not only avoid the dilemma of firm bankruptcy, but also have significantly higher work experience and agency quality than ordinary trademark agencies.
8. Although registered trademarks can be operated across regions, there are many inconvenient factors in cross-regional operations. For example, if you want to submit materials, you have to communicate by phone, and you don’t even know which direction the company’s door opens, so it is best to find a local one. The company is here to act as an agent! Regular companies have a sound corporate structure. Generally, from the beginning of registration to the final trademark design and submission, they are tracked by a fixed trademark consultant. With rich experience, the chance of passing the submission is greatly increased. Many people know that the earlier the submission is passed, the better. The probability will be greater than later. The quality of trademark design is also an important part of the company's future reputation building! 4. Trademark Agent Article 13 A trademark agent shall meet the following conditions: (1) Have full capacity for civil conduct; (2) Have a college degree or above (or equivalent education), and have passed the trademark agent qualification examination or assessment; (3) Have not been subject to criminal punishment, except for criminal negligence; (4) Have not been dismissed from public office or had their trademarks revoked (5) Comply with laws and regulations, abide by professional ethics and professional disciplines, and effectively safeguard the legitimate rights and interests of the client. State agency staff may not concurrently serve as trademark agents. Article 14 Trademark agents shall participate in business training every year. The Trademark Office is responsible for agent training and can entrust the Trademark Agency Branch of the China Trademark Association to implement it. The professional qualification of a trademark agent shall be reviewed every two years. The trademark agent qualification examination, assessment and verification methods shall be formulated by the Trademark Agent Branch of the China Trademark Association and reported to the Trademark Office for filing. Article 15 A trademark agent shall sign on 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 a trademark agent leaves the trademark agency organization, he must properly handle the unfinished trademark agency business. Article 17 The trademark agency organization shall go through the appointment procedures with the trademark agent and submit it in writing to the Trademark Office for filing within 15 days from the date of appointment. If the employment relationship is terminated, the trademark agency organization shall report it in writing to the Trademark Office for filing within 15 days from the date of termination. To sum up, regarding the question of what trademark agency is, the "General Principles of Civil Law" has detailed provisions. It also stipulates in detail the conditions that a trademark agent should have. It can be seen that trademark agency is not only a commercial activity but also a trademark agency. As a kind of civil legal activity, trademark agents need to be chosen carefully.