Measures for the Administration of Trademark Agencies

The law is promulgated by the Administration of Industry and Commerce under the State Counsel according to the Trademark Law of People’s Republic of China.

Some key law points are as follows:

Industrial and commercial administrative agencies above county level are in charge of trademark agencies and agents in their regions.

Persons who want to operate a trademark agency must apply to local industrial and commercial administrative agencies above county level for a Business License.

Trademark agencies and agents are not allowed to delegate to any other agencies or individuals their trademark agency work or to provide any assistance for such activities.

Trademark agencies can accept entrustment from the clients and handle following transactions:
a. trademark registration, change, expansion, transfer, dispute, evaluation, infringement complain, etc.;
b. provide trademark law legal advise, to be hired as trademark legal counsel;
c. any other trademark related transactions.

Trademark agencies are not allowed to accept entrustment from both sides of one trademark case.

Trademark agents must qualify for following conditions:
a. possess full civil capacity;
b. familiar with trademark and relevant law, regulations, and possess professional knowledge in trademark agency;
c. employed by a trademark agency.

A trademark agent is not allowed to work in more than two trademark agencies at the same time.

Trademark agencies shall refuse clients’ entrustment when the clients’ malice, fraud, or criminal intentions are known to the agency.