SAIC Imposes Rules on Trademark Agencies

The State Administration for Industry and Commerce (SAIC) has promulgated the "Measures on the Administration of Trademark Agencies" on November 11th.
In this new regulation, the authority of trademark agencies is now the county and above level Commerce and Industry Bureau instead of the province-level in the past.
And according to the regulation, a trademark agency is an organization which files applications for trademark registration and deals with other trademark issues for and on behalf of its clients upon receiving their instructions. A trademark agent should be a sound minded person who has a good knowledge of trademark related laws, regulations, etc. and woks in a trademark agency.
The regulation also claimed that a trademark agent shall not work in two agencies at the same time and shall not disclose the un-public information to other agencies or persons. And a trademark agent shall not provide service if he/she knows that the client is asking the service in bad faith or its conduct is violating the laws or commit a fraudulent. Any agent violate this regulation will get an administration punishment.
Lehman lawyer John Lee remarks that this new regulation which rules on the trademark agencies may contribute to a better trademark agency market and provide a safer environment for clients. Also the change of the authority level means that it is easier to open a trademark agency than before. This may gives a big push to the development of China¡¯s trademark agency market.



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