Trademark Office: Instructions for Registration of Trademark Agencies (Revised in July 2023-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Trademark Office: Instructions for Registration of Trademark Agencies (Revised in July 2023

Release Time：

2023-07-06

Ⅰ. Basis for application and application conditions

According to the "Regulations on the Implementation of the Trademark Law" and the "Regulations on the Supervision and Administration of Trademark Agents", trademark agencies that engage in agency business on trademark matters under the jurisdiction of the State Intellectual Property Office must promptly file a record with the State Intellectual Property Office in accordance with the law. Registration entities include service agencies registered by the market supervision and administration department to engage in trademark agency business and law firms engaged in trademark agency business.

Service agencies registered by the market supervision department to engage in trademark agency business shall include "trademark agency", "trademark agency services", "intellectual property agency" or "intellectual property agency services" in their business scope.

Ⅱ. Processing methods

Trademark agencies should handle matters related to trademark agency registration online through the trademark online service system.

(1) New filing business. Trademark agencies can go to the "China Trademark Network > Trademark Online Application" column, enter the homepage of the online service system, click "Agency Filing Application" and apply online.

(2) Change filing business. Trademark agencies should log in to the online service system and select "Agency Change Application" in the "Agency Application Business" column.

(3) Continuation of filing business. Trademark agencies should log in to the online service system and select "Agency Renewal Application" in the "Agency Application Business" column.

(4) Cancellation filing and merger filing business. Currently, applications can be processed by mail. Application materials should be sent to: Department of Liberal Arts, Trademark Office, State Intellectual Property Office, No. 1 Chama South Street, Xicheng District, Beijing, postal code: 100055.

Ⅲ. Fill in the content

(1) Trademark agency registration

If a trademark agency engages in the agency business of trademark matters under the jurisdiction of the State Intellectual Property Office, it shall promptly file with the State Intellectual Property Office in accordance with the law and handle it through the "Agency Registration Application" column of the trademark online service system. For those who have never registered with our Office, select "New Agency Registration"; for those who have previously registered with our Office and plan to continue to engage in trademark agency business, select "Previously Registered Agency Registration". Specific requirements are as follows:

1. The filing subject shall read and sign the "Trademark Agency Practice Notification and Commitment Letter".

2. Fill in the information according to the requirements on the "Agency Registration Application" page of the trademark online service system.

3. Practitioner information. Including the person in charge of the trademark agency (enterprises should fill in the legal representative, law firms should fill in the person in charge), partners, shareholders of unlisted companies and other practitioners. Among them, partners without management responsibilities and shareholders of unlisted companies are not allowed to manage as trademark agency practitioners and are not allowed to sign on trademark applications as trademark agency practitioners.

4. A copy of the business license, a copy of the law firm's practicing license and a color scan with the stamp of the trademark agency. The business scope in the business license should include the items of "trademark agency", "trademark agency services", "intellectual property agency" or "intellectual property agency services". If the business license does not specify the detailed business scope, documents proving the company's business scope and a color scanned copy stamped with the seal of the trademark agency must be submitted at the same time.

5. Precautions

For trademark agencies that have been registered with our Office, when applying for "Recorded Agency Registration", you should first search for the name of the original filing agency through the "Name of Trademark Agency" column, and fill in the "Whether the registered name has occurred" according to the actual situation. Changes" column. If the name of the current trademark agency is different from the name of the original registration agency, you should check "Yes", fill in the "Name of the current trademark agency" column, and submit relevant supporting documents.

(2) Registration of change of trademark agency

1. The registration subject shall read and sign the "Trademark Agency Practice Notification and Commitment Letter".

2. If the registration information of a trademark agency changes, the change shall be filed with the State Intellectual Property Office within 30 days from the actual change or the date of registration and approval by the relevant competent authorities.

3. Fill in the information according to the requirements on the "Agent Change Application" page of the trademark online service system.

4. If the name, address and other information of the business license or law firm practice license changes, submit a copy of the changed business license or law firm practice license and a color scan of it stamped with the seal of the trademark agency. If the name of the business license or law firm practice license changes, a change certificate issued by the registration authority must be submitted at the same time. The change certificate can be a color scan of the change approval document of the registration authority or a relevant file downloaded and printed from the official website of the registration authority, and Stamped with the seal of the trademark agency.

5. If there are changes in the number of trademark agency employees, the number of employees can be added or deleted. If the information of existing employees changes, the original information can be updated.

(3) Cancellation filing of trademark agency

1. A trademark agency applies for deregistration as a market entity, fails to apply for renewal upon expiration of the registration validity period or decides on its own to no longer engage in trademark agency business, has its business license or law firm practice license revoked or revoked, or the State Intellectual Property Office decides to permanently cease Those who accept the trademark agency business shall handle the unfinished trademark agency business properly and then apply for cancellation registration with the State Intellectual Property Office.

2. The trademark agency shall, before applying for market entities to cancel their registration or decide on their own initiative not to engage in trademark agency business, or within thirty days from the date of receiving the decision to cancel or revoke the decision to permanently stop accepting the trademark agency business, in accordance with the Properly handle unfinished trademark agency business according to laws, regulations and contracts, notify the client to handle changes in trademark agency, or sign a business transfer agreement with other registered trademark agencies with the client's consent.

3. Fill out the "Trademark Agency Cancellation Registration Form" (typed or printed) as required, and stamp the trademark agency seal and signature of the person in charge at the designated location.

4. If a market entity cancels its registration, it shall submit a cancellation notice issued by the registration authority.

If an enterprise decides on its own that it no longer engages in trademark agency business and handles deregistration filing, it should remove the items of "trademark agency", "trademark agency services", "intellectual property agency" and "intellectual property agency services" from the business scope of the business license, and submit the changed business license A copy of the copy, stamped with the seal of the trademark agency. If the changed business license does not specify the detailed business scope, a copy of the document proving the company's business scope must be submitted at the same time and stamped with the seal of the trademark agency.

If a law firm decides on its own that it no longer engages in trademark agency business and handles deregistration filing, it must submit a copy of the law firm's practice license and stamp it with the seal of the trademark agency.

(4) Trademark agency registration renewal

1. The registration subject shall read and sign the "Trademark Agency Practice Notification and Commitment Letter".

2. The validity period of trademark agency registration is three years. If it is necessary to continue to engage in agency business after the expiration of the validity period, the trademark agency can apply for renewal registration within six months before the expiration of the validity period. Each renewal of registration is valid for three years, starting from the day after the expiry of the original registration.

3. Fill in the information according to the requirements on the renewal registration page of the trademark online service system.

(5) Merger filing of trademark agencies

After the registered trademark agency has completed the merger registration procedures in accordance with the law, it shall promptly submit the merger registration to the State Intellectual Property Office. If the trademark agency fails to handle the merger registration, it shall bear the legal consequences arising therefrom.

1. Fill out the "Trademark Agency Merger Registration Form" (typed or printed) as required, stamp the trademark agency seal and the signature of the person in charge at the designated location.

2. Merger registration certificate issued by the registration authority. The certificate of merger registration can be a copy of the merger registration certificate document of the registration authority or the relevant files downloaded and printed from the official website of the registration authority, and stamped with the seal of the trademark agency.

3. A copy of the merged business license or a copy of the law firm's practice license, with the seal of the trademark agency;

4. If other filing matters other than the name of the trademark agency are changed at the same time, separate trademark agency change filings should be made.

Ⅳ. Review process and handling fees

The State Intellectual Property Office will review the registration materials of the trademark agency within fifteen working days from the date of receipt of the registration materials, and the review results will be sent to the submitted email address.

There is no need to pay any fees for handling all the services mentioned in these instructions.

Ⅴ. Announcement of filing information

The registration information of trademark agencies is published by the State Intellectual Property Office on the China Trademark Network.

Ⅵ. Precautions

The above content was revised in May 2023. If previously issued regulations on trademark agency filing conflict with the "Regulations for the Implementation of the Trademark Law", the "Regulations on the Supervision and Management of Trademark Agencies" and the contents of this Notice, the requirements of the "Regulations for the Implementation of the Trademark Law", "Supervision and Management of Trademark Agencies" and the requirements of this Notice shall be followed implement.

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