What are the contents of the Trademark Agency Management Measures
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Article 1 is 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 Implementation Regulations of the Trademark Law of the People's Republic of China.
Article 2 The term "trademark agency" as mentioned in these Measures refers to a trademark agency organization that accepts the entrustment of the client and handles trademark registration applications and other related trademarks in the name of the client. matters.
Trademark agency organizations as mentioned in these Measures refer to legal service organizations that accept the entrustment of the client and handle trademark registration applications or other trademark matters in the name of the client.
Trademark agents as mentioned in these Measures refer to staff members practicing in trademark agency organizations.
Article 3 The administrative department for industry and commerce of the State Council shall regulate national trademark agency organizations and trademark agencies in accordance with the law Manage and supervise human agency behavior.
The industrial and commercial administration departments at or above the county level shall manage and supervise the trademark agency organizations and the agency behavior of Trademark agents in their respective jurisdictions in accordance with the law.
Article 4 To apply for the establishment of a trademark agency organization, the applicant shall apply for registration to the local industrial and commercial administration department at or above the county level and obtain an "Enterprise Legal Person Business License" or "Enterprise Legal Person Business License" or "Enterprise Legal Person Business License" 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 agent to handle the following agency business:
(1) Act as an agent for trademark registration applications, changes, renewals, transfers, objections, cancellations, reviews, infringement complaints and other related matters;
(2) Provide trademark legal advice and serve as trademark legal advisor;
(3) Act as an agent on other trademark-related matters.
Trademark registration applications and other documents handled by a trademark agent shall be signed by the trademark agent and stamped with the seal of the trademark agency organization.
Article 7: Trademark agency organizations shall not accept entrustment from both parties in the same trademark case.
Article 8 Trademark agents shall abide by the law, abide by professional ethics and professional disciplines, conduct trademark agency business in accordance with the law, and provide clients with good trademarks in a timely and accurate manner. Agency services and conscientiously safeguard the legitimate rights and interests of clients.
Article 9 A trademark agent shall meet the following conditions:
(1) Have complete Capacity for civil conduct;
(2) Be familiar with trademark law and related laws and regulations, and have professional knowledge of trademark agency;
(3) Practicing in a trademark agency organization.
Article 10 A trademark agent shall not practice in more than two trademark agency organizations at the same time.
Article 11 A trademark agent shall keep commercial secrets for the client and shall not disclose undisclosed agency matters to other institutions without the consent of the client. and individuals.
Article 12 If he knows that the client’s entrustment is done in bad faith or that his behavior violates national laws or is fraudulent, the trademark agent shall refuse I accept.
A fine of not more than RMB 30,000 shall be imposed; if there is illegal income, a fine of not more than three times the amount of illegal income shall be imposed, but the maximum shall not exceed RMB 30,000:
(1) and Article 1Three parties collude to damage the legitimate rights and interests of the client;
(2) Violate the provisions of Articles 5 and 7 of these Measures;
(3) Harm the public interests of the country and society or the legitimate rights and interests of other agency organizations;
(4) Engage in other illegal activities active.
Article 14 If a trademark agent commits any of the following acts, the jurisdiction shall be determined by the jurisdiction of his/her location or
The administrative department for industry and commerce at or above the county level in the place where the conduct occurred shall give a warning or impose a fine of not more than 10,000 yuan:
(1) Accepting a commission privately and charging fees from the client , accepting property from the client;
(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) Any other illegal conduct.
Article 15: Organizations that engage in trademark agency activities without being registered by the industrial and commercial administrative department or that obtain registration by deceptive means shall be managed by the industrial and commercial administration at or above the county level where they are located. The department shall impose penalties in accordance with laws and regulations regarding enterprise registration management.
It stipulates applying for reconsideration; you can also directly file a lawsuit with the People's Court in accordance with the 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 effect on the date of promulgation.
The above is the content of the trademark agency management measures. I hope it can help everyone. If you need to know more, please pay attention to the official website of Legal Savior Network and consult our Legal Savior Network lawyers online. We will serve you wholeheartedly.
