Measures for Administration of Trademark Agency

Decree of State Administration for Industry and Commerce of the People's Republic of China

No. 46

Measures for Administration of Trademark Agency, adopted at the executive meeting of the State Administration for Industry and Commerce, is hereby promulgated, and shall into force as of the date of promulgation.

General Director Zhou Bohua

November 11, 2009

Measures for Administration of Trademark Agency

Article 1 For the purpose of maintaining the order of trademark agency and protecting the legitimate rights and interests of clients and trademark agency organizations, the Measures is hereby formulated in accordance with the Trademark Law of People's Republic of China and the Implementing Regulations of Trademark Law of People's Republic of China.

Article 2 The trademark agency herein refers to the handling of applications for registration of trademarks and other matters related to trademarks by trademark agency organizations in the name of the clients after they accept the clients' commission.

Trademark agency organizations herein refer to the legal service agencies that accept the clients¡¯ commission and transact the application for the registration of trademarks or other matters related to trademarks in the name of the clients.

Trademark agents herein refer to the practicing staff in trademark agency organizations.

Article 3 The Administrative department for industry & commerce of the State Council shall supervise and regulate the agency behavior of trademark agency organizations and trademark agents throughout the country by law.

Administrative departments for industry & commerce above county level shall supervise and regulate the agency behavior of trademark agency organizations and trademark agents under their jurisdiction by law.

Article 4 An applicant for establishing a trademark agency organization shall apply for registration in the industrial and commercial administrative departments above county level in his or her locus and collect the Business License for an Enterprise as a Legal Person or Business License.

Article 5 A trademark agency organization shall not entrust other units and individuals with trademark agency activities and shall not provide any facility for such activities.

Article 6 A trademark agency organization can accept the clients' commission and designate a trademark agent to transact the following agency matters:

(1)    Relevant matters about application of registration, change, renewal, assignment, opposition, withdrawal, review & adjudication and tort complaint of agent trademark;

(2) To provide trademark legal consultation and act as trademark counselor; and

(3) Other relevant trademark issues.

The documents such as application for trademark registration handled by the trademark agent shall be signed by the trademark agent and stamped with the seal of the trademark agency organization.

Article 7 The trademark agency organization shall not accept the commission of both parties of the same trademark case.

Article 8 A trademark agent shall abide by law, professional ethics and practicing disciplines, carry out trademark agency business according to law, timely and accurately provide good trademark agency services for the clients, and carefully maintain the clients¡¯ legal rights.