Measures for the administration of the hottest tra

Measures for the administration of trademark agency order of the State Administration for Industry and Commerce No. 46 measures for the administration of trademark agency, which have been deliberated and adopted at the executive meeting of the State Administration for Industry and Commerce of the people's Republic of China, are hereby promulgated and shall enter into force as of the date of promulgation

Director general: Zhou Bohua

measures for the administration of trademark agency on November 11, 2009

Article 1 in order to maintain the order of trademark agency and protect the legitimate rights and interests of clients and trademark agency organizations, these measures are formulated in accordance with the trademark law of the people's Republic of China and the regulations for the implementation of the Trademark Law of the people's Republic of China

Article 2 the term "trademark agency" as mentioned in these Measures refers to the trademark agency organization that accepts the entrustment of the client and handles trademark registration applications and other trademark related matters in the name of the client

the trademark agency organization mentioned in these Measures refers to the legal service organization that accepts the entrustment of the client and handles trademark registration applications or other trademark matters in the name of the client

the term "trademark agent" as mentioned in these Measures refers to the staff members practicing in trademark agency organizations

Article 3 the administrative department for Industry and commerce under the State Council shall, in accordance with the law, administer and supervise the agency acts of national trademark agencies and trademark agents

The administrative departments for Industry and commerce at or above the county level shall manage and supervise the agency behavior of trademark agencies and trademark agents in their respective jurisdictions according to law

Article 4 Where an applicant applies for the establishment of a trademark agency organization, the applicant shall apply to the local administrative department for Industry and commerce at or above the county level for registration and obtain the business license of enterprise legal person or the business license

Article 5 trademark agency organizations shall not entrust other units and individuals to engage in trademark agency activities, and shall not provide any convenience for engaging in the above activities

Article 6 a trademark agency organization may accept the entrustment of the client and designate a trademark to handle the following agency business on behalf of the material mechanical property manager:

(1) acting as an agent for trademark registration applications, changes, renewals, transfers, objections, withdrawals, reviews, infringement complaints and other related matters

(2) providing trademark legal advice and acting as trademark legal counsel

(III) acting as an agent in other trademark related matters

the trademark registration application and other documents handled by the trademark agent shall be signed by the trademark agent and stamped with the seal of the trademark agency organization

Article 7 a trademark agency organization shall not accept the entrustment of both parties in the same trademark case

Article 8 a trademark agent shall abide by the law, abide by professional ethics and practice discipline, carry out trademark agency business according to law, provide good trademark agency services to the client in a timely and accurate manner, and seriously safeguard the legitimate rights and interests of the client

Article 9 a trademark agent shall meet the following conditions:

(1) have full civil capacity

(II) be familiar with trademark law and relevant laws and regulations, and have professional knowledge of trademark agency

(III) practice in trademark agency organizations. Zeng Songjun, customer manager of Sinopec Chemical Sales Co., Ltd. central China branch, pointed out that

Article 10 trademark agents shall not practice in more than two trademark agency organizations at the same time

eleventh trademark agent of waw (6) 00D microcomputer controlled electro-hydraulic servo universal experimental machine produced by Jinan Dongchen Experimental Instrument Co., Ltd. shall keep trade secrets for the client, and shall not disclose undisclosed agency matters to other institutions and individuals without the consent of the client

Article 12 a trademark agent shall refuse to accept the entrustment when he knows that the entrustment of the trustor is malicious or that his behavior violates national laws or is fraudulent

Article 13 If a trademark agency organization commits any of the following acts, the administrative department for Industry and commerce at or above the county level in the place where it is located or where it acts shall give a warning or impose a fine of not more than 10000 yuan; If there are illegal gains, a fine of less than three times the amount of illegal gains, but not more than 30000 yuan at the maximum:

(1) colluding with a third party to damage the legitimate rights and interests of the client

(2) violating the provisions of Articles 5 and 7 of these measures

(3) harming the state and social public interests or the legitimate rights and interests of other agency organizations

(4) engaging in other illegal activities

Article 14 If a trademark agent commits any of the following acts, and the party will continue to provide convenience to Mongolia in transit transportation, sea access, etc. 1, the administrative department for Industry and commerce at or above the county level in the place where it is located or the place where it acts shall give a warning or impose a fine of less than 10000 yuan:

(1) privately accept the entrustment, collect fees from the trustor, and accept the property of the trustor

(2) concealing facts and providing false evidence, or threatening or inducing others to conceal facts and provide false evidence

(3) violating the provisions of Articles 10, 11 and 12 of these measures

(4) having other illegal acts

Article 15 organizations that engage in trademark agency activities or obtain registration by fraudulent means without registration with the administrative department for Industry and Commerce shall be punished by the administrative department for Industry and commerce at or above the county level in accordance with the laws and regulations on the administration of enterprise registration

Article 16 if the punished trademark agency organization or trademark agent refuses to accept the administrative punishment of the administrative department for Industry and commerce, it may apply for reconsideration in accordance with the provisions of the administrative reconsideration law; They can also directly bring a lawsuit to the people's court according to law

Article 17 The State Administration for Industry and commerce is responsible for the interpretation of these measures

Article 18 These Measures shall come into force as of the date of promulgation