In order to regulate the trademark agency behavior, improve the service quality of trademark agency, maintain the normal order of the trademark agency market and promote the healthy development of the trademark agency industry, in accordance with the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law), the Implementation Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementation Regulations of the Trademark Law) and other relevant laws and regulations, the State Administration for Market Regulation has formulated the Provisions on Trademark Agency Supervision and Administration. The regulation will take effect on Dec 1, 2022.
Main provisions include, 1) trademark agencies and trademark agency employees shall abide by laws and regulations and relevant state provisions, abide by the principle of honesty and credibility, strictly abide by professional ethics, regulate professional behavior, improve the quality of trademark agency services, safeguard the legitimate rights and interests of the clients and the normal order of the trademark agency market. 2) where trademark agencies intentionally infringe intellectual property rights, submit malicious trademark registration applications, damage social public interests, engage in serious illegal trademark agency acts, which are serious in nature, serious in circumstances and serious in social harm, and are subject to relatively heavy administrative penalties, they shall be included in the list of serious illegal and trust-breaking agencies according to the relevant provisions. 3) trademark agencies and trademark agency practitioners shall not solicit business by means of fraud, false publicity, misleading or commercial bribery, forge, alter or use forged or altered legal documents, seals or signatures, and shall not accept entrustment from two parties with conflicts of interest in the same trademark case. In the process of agency should abide by the relevant provisions on the protection of business secrets and personal information and so on.
The promulgation of the above provisions provides strong legal support for standardizing trademark agency behaviors, improving the quality of trademark agency services, promoting the healthy development of the trademark agency industry, and creating a standardized, orderly, fair competition and vibrant trademark agency market environment.