Measures for Administration of Trademark Agency

Article 9 A trademark agent shall meet the following requirements:

(1) With full civil act capacity;

(2) Familiar with trademark law and relevant laws and regulations and have trademark agency expertise; and

(3) Practicing in trademark agency organization.

Article 10 A trademark agent shall not practice in two or more trademark agency organizations simultaneously.

Article 11 A trademark agent shall keep the clients' commercial secret, and shall not disclose the concealed agency matters to other institutions and individuals without the clients' consent.

Article 12 A trademark agent shall refuse to accept the commission when he or she is fully aware that the clients’ commission is out of malevolence, in violation of national laws or with deceptive intention.

Article 13 Where a trademark agency organization has one of the following actions, the industrial and commercial administrative departments above county level in its locus shall give a warning or imposed a fine below RMB10, 000; where there are illegal incomes, a fine less than three times the illegal incomes, but with maximum of no more than RMB30, 000, shall be imposed:

(1) Where the third party is colluded with and the legitimate rights and interests of the clients is damage;

(2) Where any provision of Article 5 and Article 7 of the Measures is violated;

(3) Where the public interests of the country and society or the legitimate rights and interests of other agency organizations are damaged; and

(4) Where other illegal activities are engaged in.

Article 14 Where a trademark agent has one of the following actions, the industrial and commercial administrative departments above county level in his or her locus shall give a warning or imposed a fine below RMB10, 000:

(1) Where commission is accepted without permission, with fees and property collected from the clients;

(2) Where the fact is concealed, the false evidence is provided, or others are threatened or induced to conceal the fact and provide the false evidence;

(3) Where any provision of Article 10, Article 11 and Article 12 of the Measures is violated; and

(4) Where there are other illegal acts.

Article 15 Any organization engaging in trademark agency activities without registration of the industrial and commercial administrative departments or acquiring registration by deception shall be punished by the industrial and commercial administrative departments above county level in its locus by relevant laws and regulations of enterprise registration and management.

Article 16 Any punished trademark agency organization or trademark agent who is not satisfied with the punishment by the industrial and commercial administrative departments may apply for review in accordance with Administrative Reconsideration Law or institute legal proceedings in the People’s Court.

Article 17 The State Administration for Industry & Commerce is responsible for interpreting the Measures.

Article 18 The Measures shall enter into force as of the date of promulgation.
 
 
  State Administration for Industry and Commerce of the People's Republic of China

                                                         2009-11-11