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Instructions for trademark agency filing

Release Time：

2022-11-30

Ⅰ. Application basis and application conditions

　　On the basis of《Trademark Law enforcement regulations》《Provisions on the supervision and administration of trademark agencies》，Where a trademark agency is engaged in trademark matters agency business under the administration of the State Intellectual Property Office, it shall file a record with the State Intellectual Property Office in a timely manner according to law. The subjects of filing include service agencies and law firms engaged in trademark agency business registered by the market supervision and administration department.

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

Ⅱ. Handling methods

The trademark agency shall handle the relevant matters of trademark agency filing online through the trademark online service system.

(1) New record business. Trademark agencies can go to the home page of the online service system through the column "China Trademark Network > Trademark online Application" and click on "agency filing application" to handle it online.

(2) Change of record business. The trademark agency should log in to the online service system and select "agent change Application" in the column of "Agent Application Business".

(3) Continue to record business. The trademark agency should log in to the online service system and select "agent extension Application" in the column of "Agent Application Business".

(4) cancellation of filing and consolidation of filing business. Application materials can be sent to: Trademark Office, State Intellectual Property Office, No. 1 Chama South Street, Xicheng District, Beijing 100055, China.

Ⅲ. Fill in the content

(A) Trademark agency record (new record business)

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

2. Fill in the information according to the requirements of the "Agency filing application" page of the trademark online service system.

3. Employee information. Including the person in charge of the trademark agency (enterprises shall fill in the legal representative, law firms shall fill in the person in charge), partners, shareholders of non-listed companies and other practitioners. Among them, partners and shareholders of non-listed companies without management responsibilities shall not be managed as trademark agents, and shall not sign the trademark application as trademark agents.

4. Photocopy of business license, law firm practice license and color scanning copy stamped with trademark agency seal. The business scope of the business license should contain the items of "trademark agency", "trademark agency service", "intellectual property agency" or "intellectual property agency service". If the business license does not specify the detailed scope of business, it is necessary to submit the certification documents of the company's business scope and the color scan copy stamped with the trademark agency seal.

(2) Trademark agency change record

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

2. Where the registration information of the trademark agency changes, it shall, within 30 days from the date of the actual change or the registration and approval of the relevant competent department, handle the registration of the change to the State Intellectual Property Office.

3. Fill in the information according to the requirements of 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's practice license change, submit a photocopy of the changed business license or law firm's practice license and a color scanning copy stamped with the trademark agency seal. If the name of the business license or law firm practice license changes, the change certificate issued by the registration authority shall be submitted at the same time, which may be the color scan copy of the approval document of the registration authority or the relevant file downloaded and printed on the official website of the registration authority, and stamped with the seal of the trademark agency.

5. If the number of trademark agency employees changes, the number of employees may be increased or deleted. If the information of existing employees has changed, the original information can be updated.

(3) Trademark agency cancellation record

(1) Where a trademark agency applies for the cancellation of registration of a market entity, fails to renew the registration period or decides on its own to no longer engage in trademark agency business, is revoked or revoked of its business license or practice license of a law firm, or the State Intellectual Property Office decides to permanently stop accepting its trademark agency business, it shall properly handle the unfinished trademark agency business, To the State Intellectual Property Office for the cancellation of the record.

2. The trademark agency shall, before applying for the cancellation of registration of the market entity or deciding on its own to no longer engage in trademark agency business, or within 30 days from the date of receiving the decision of revocation or revocation or permanently ceasing to accept its trademark agency business, properly handle the unfinished trademark agency business in accordance with the provisions of laws and regulations and the contract, and notify the client to handle the change of trademark agency. Or the trustee agrees to sign a business transfer agreement with another trademark agency that has been filed.

3. Fill in the "Trademark Agency Cancellation Record Form" as required (typing or printing), stamp the trademark agency seal and signature of the person in charge in the designated place.

(4) Where a market entity cancels its registration, it shall submit a notice of cancellation issued by the competent registration department.

If the enterprise decides to no longer engage in trademark agency business for cancellation and filing, it shall remove the items of "trademark agency", "trademark agency service", "intellectual property agency" and "intellectual property agency service" in the business scope of the business license, submit a copy of the changed business license, and stamp the trademark agency seal. If the changed business license does not specify the detailed business scope, it is necessary to submit a copy of the certification document of the company's business scope and stamp the trademark agency.

Where a law firm decides on its own to no longer engage in trademark agency business for the cancellation of the record, it shall submit a copy of the practice license of the law firm and affix the seal of the trademark agency.

(4) Trademark agencies continue to record

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

2. The validity of the trademark agency filing is three years. If it is necessary to continue to engage in agency business after the expiration of the term of validity, the trademark agency may handle the renewal filing within six months before the expiration of the term of validity. Each extended filing shall be valid for three years, counting from the day after the expiration of the original filing.

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

(5) Trademark agency consolidated filing

After the registration of the trademark agency in accordance with the law, it shall promptly handle the registration of the merger with the State Intellectual Property Office, where the trademark agency is lazy in handling, it shall bear the legal consequences arising therefrom.

1. Fill in the "Trademark Agency Consolidated Filing Form" as required (typing or printing), stamp the trademark agency seal and sign the person in charge at the designated location.

2. Certificate of combined registration issued by the registration authority. The combined registration certificate can be a copy of the combined registration certificate document of the registration authority or the relevant file downloaded and printed on 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 the copy of the practicing license of the law firm, stamped with the seal of the trademark agency;

4. If the registration matters other than the name of the trademark agency are changed at the same time, the registration of the change of the trademark agency shall be handled separately.

IV. Review process and handling fees

The State Intellectual Property Office shall, within 15 working days from the date of receipt of the archival materials, review the archival materials of the trademark agency, and the review results shall be sent through the email address submitted.

There is no fee for handling all the services in this notice.

Ⅴ. Disclosure of archival information

The registration information of the trademark agency shall be published by the State Intellectual Property Office on the China Trademark Network.

Ⅵ, Precautions

The above was revised in December 2022.If the previously issued provisions on the record of trademark agencies conflict with the Implementation 《Regulations for the Implementation of Trademark Law》《the Regulations on the Supervision and Administration of Trademark Agencies and the contents of this Notice》the requirements of the Implementation《Trademark Law enforcement regulations》《商标代理机构监督管理》and this Notice shall be implemented.

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