State Administration for Industry and Order No. 50

"Trademark Management" has been the PRC State Administration for Industry to consider the executive meeting, is hereby promulgated and shall come into force the day.
Secretary Mr. Zhou
2010-07-12

Trademark Regulations

The first trade mark agents to maintain order and protect the client and the legitimate interests of trademark agency organization, according to "Trademark Law" and "PRC Trademark Law Implementing Regulations" formulated.
The second term is the trademark agent trademark agency organization to accept the client's commission to the client's name to apply for trademark registration and other related trademark matters.
The term refers to the trademark agency to accept the client's commission, to apply for trademark registration in the name of the client applications and other trademark matters in legal services.
The term refers to the trademark agent trademark agency organizations in the practice staff.
Article III of the State Council administrative department for industry and commerce according to the national organization and trademark agents trademark agent agent behavior management and supervision.
Industrial and commercial administrative departments above the county level according to the law of the jurisdiction of the trademark agency organizations and trade mark agents to manage and monitor agent behavior.
Article apply to set up a trademark agency, the applicant to the local industrial and commercial administrative departments above the county level for registration, to receive "business license" or "business license."
Law firm engaged in the trade mark agents, the preceding paragraph shall not apply.
Article shall not entrust a trademark agency with other units and individuals engaged in trade mark agency activities, and shall not provide any facility engaged in such activities.
Article trademark agency organization can accept appointments, trademark agents designated agency for the following:
(A) the trade mark application, change, renewal, transfer, opposition, revocation, assessment, complaints and other matters related to infringement;
(B) provide legal advice as legal counsel trademark;
(C) other related trademarks affairs agency.
Trademark agent for the trademark application and other documents should be signed and stamped by the trademark agent trademark agency organization seal.
Article trademark agency, shall accept the same in trademark cases, the parties commissioned.
Article trademark agent shall comply with the law, abide by professional ethics and discipline, trade mark agency business in accordance with law, timely and accurate manner for the client to provide a good trade mark agency services, careful maintenance of the client's legal rights.
Article IX trademark agent shall meet the following conditions:
(A) have full civil capacity;
(B) be familiar with trademark law and related laws and regulations, with the trademark agency expertise;
(C) practice in trademark agency organizations.
Article trademark agent shall not simultaneously in two or more trademark agency practice.
Article XI trademark agent shall keep business secrets for the client, without client consent, shall not disclose matters without the public agency to other institutions and individuals.
Article 12 matters entrusted to the client's knowledge or in bad faith or its conduct in violation of state law with fraudulent cases, trademark agent shall refuse to accept the commission.
Article XIII trademark agency, one of the following acts, or acts of its location to the administrative department above county level shall be warning or impose a 10,000 RMB; the illegal gains, a fine three times the illegal income, but maximum not to exceed three million in fine:
(A) collusion with third parties, harm the legitimate rights and interests of the client;
(2) violation of Article 5, Article VII;
(C) harm the national and public interests or legitimate rights and interests of other agency organizations;
(D) engage in other illegal activities.
Article XIV trademark agents, one of the following acts, or acts of its location to the administrative department above county level shall be warning or impose a 10,000 yuan:
(A) privately commissioned to charge to the client, accepting the principal's property;
(B) to conceal the fact that providing false evidence, or threaten to induce others to conceal the fact that providing false evidence;
(C) in violation of Article 10, Article 11, Article 12;
(D) other illegal acts.
Violation of Article XV Article 4, first paragraph, the administrative department for industry and commerce registration without the trade mark agency activities that use deception to obtain registration or organization, the local industrial and commercial administration departments above the county level business registration in accordance with relevant legal regulations punishment.
Article 16 punishment trademark agent trademark agency organizations and administrative departments for industry and commerce administrative punishment, in accordance with "Administrative Reconsideration Law" apply for reconsideration; also directly to the people's court proceedings.
Article 17 These Measures by the State Administration for Industry and is responsible for interpretation.
Article 18 These Measures shall come into force from the date of publication.