Trademark Management

Original Language Title: 商标代理管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201011/20101100328942.shtml

Trademark management

    (July 12, 2010 the State administration for industry and Commerce announced come into force on the date of promulgation, 50th) first to maintain trademark order to protect clients and the legal rights of trademark Agency, in accordance with the People's Republic of China trademark and the People's Republic of China implementing regulations of the trademark law, these measures are formulated.

    Article trademark mentioned in these measures refers to the trademark agency organization entrusted to people's delegate, on behalf of the client's application for trademark registration and other matters relating to trademarks.

    Trademark agency mentioned in these measures refers to accept clients ' authorization, to act on behalf of the principal trademark registration legal service agencies or other trademark matters.

    Trade mark agents in these measures refers to the trademark agency practice staff.

    Administration for industry and commerce under the State Council in accordance with article III of the national trademark agencies and trademark agent, management and oversight of the Agency.

    Industrial and commercial administrative departments at and above the county level in accordance with the respective jurisdictions of trademark agencies and trademark agent, management and oversight of the Agency.

    Article fourth application for constituting a trademark Agency, the applicant applied to the industrial and commercial administrative departments at and above the County Register, receive the business license or a business license.

    Law firms engaged in the trademark agents, prescribed in the preceding paragraph shall not apply.

    Fifth trademark Agency shall not delegate any other units or individuals engaged in trademark agency activities, and shall not provide any facilities to engage in such activities.

    Sixth trademark agency can accept clients ' authorization, specify the trademark agent, complete the following operations:

    (A) the trademark application for registration, changes, renewals, transfers, opposition, cancellation, reviews, complaints of infringement and other related matters;

    (B) provide the trademark legal advice, as trademark legal adviser;

    (C) other related trademark agent.

    Trademark agents for the trademark registration application and other documents should be signed and sealed by a trademark attorney trademark agency seal.

    Seventh trademark Agency shall accept the same delegate parties in trademark cases.

    Article eighth trademark agents shall comply with the laws, abide by the professional ethics and practice discipline, law trademark agency business, timely and accurately provide client with a good trademark agency service, carefully maintaining the lawful rights and interests of the client.

    Nineth trade mark agent shall comply with the following conditions:

    (A) have full capacity for civil conduct;

    (B) familiar with trademark law and related laws and regulations, with a trademark agency expertise;

    (C) in the trademark agency practice.

    Tenth trademark agents shall not at the same time in two or more of the trademark agency practice. 11th trademark agents shall keep commercial secrets for clients.

    Without the client's consent, without open representation should not be revealed to other institutions and individuals.

    12th clearly knowing that the client's entrust out of malice or fraudulent or that their actions violated the State law cases, trademark agent shall refuse to accept a delegate.

    13th a trademark Agency has one of the following acts, or behavior occurs by the Administration for industry and Commerce above the county level to warning or be fined 10,000 yuan fine; there is illegal income, impose illegal income three times the following, to a maximum fine of not more than 30,000 Yuan:

    (A) conspire with third parties, to the detriment of clients ' legal rights;

    (B) violations of the provisions of article fifth, seventh;

    (C) damage to the State and social public interests or other legal rights of the Agency;

    (D) engage in other illegal activities.

    14th trade mark agents have one of the following acts, or behavior occurs by the Administration for industry and Commerce above the county level to warning or be fined 10,000 yuan fine:

    (A) private commissions to charge clients, receiving entrust their personal belongings;

    (B) hide the truth and to provide false evidence, or intimidating or inducing others to hide the facts, providing false evidence;

    (C) the violation of these measures stipulated in article tenth, 11th and 12th;

    (D) other illegal activities.

    15th violates the first paragraph of this article fourth, without the administration of industry and Commerce registered trademark or fraudulently obtained the registration of organizations, the local industry and commerce administration departments at or above the county level in accordance with the relevant registration management laws, regulations, penalties.

    16th penalty trademark agencies and trademark attorneys on the industrial and commercial administrative departments administrative penalties if, in accordance with the provisions of the administrative review law, apply for reconsideration or you can directly initiate litigation to the people's Court according to law.

    17th article this way by the State administration for industry and commerce is responsible for the interpretation. 18th article this way come into force on the date of promulgation.