Circular of the State Administration for Industry and Commerce and the Ministry of Justice on Printing and Distributing the Administrative Measures for Law Firms to Engage in Trademark Agent Businesses
Circular of the State Administration for Industry and Commerce and the Ministry of Justice on Printing and Distributing the Administrative Measures for Law Firms to Engage in Trademark Agent Businesses
Circular of the State Administration for Industry and Commerce and the Ministry of Justice on Printing and Distributing the Administrative Measures for Law Firms to Engage in Trademark Agent Businesses
Gong Shang Biao Zi [2012] No.192
November 6, 2012
The industry and commerce administrations and justice offices (bureaus) of all provinces, autonomous regions and municipalities directly under central government:
For the purposes of regulating the practice activities of law firms and their lawyers in engaging in trademark agent businesses, maintaining the trademark agency legal service order and safeguarding the legitimate rights and interests of the client, the State Administration for Industry and Commerce and the Ministry of Justice have jointly formulated the Administrative Measures for Law Firms to Engage in Trademark Agent Businesses, which is hereby printed and distributed to you and you are required to follow the same.
Administrative Measures for Law Firms to Engage in Trademark Agent Businesses
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Trademark Law of the People's Republic of China, the Law of the People's Republic of China on Lawyers and other laws, regulations and rules for the purposes of regulating the practice activities of law firms and their lawyers in engaging in trademark agent businesses, maintaining the trademark agency legal service order and safeguarding the legitimate rights and interests of the client.
Article 2 These Measures shall apply to the engagement in trademark agent business by law firms and their lawyers.
For the purposes of these Measures, "Law Firm" refers to organization in which the lawyers practice.
For the purposes of these Measures, "Lawyer" refers to the practitioner who has legally obtained the lawyer's practice certificate and is appointed by the Law Firm to provide legal service for the Client.
Article 3 When engaging in the trademark agent businesses, the Law Firms and their Lawyers shall practice in a legal, honest and diligent way, and scrupulously abide by the professional ethnics and practice discipline of Lawyers, and accept the supervision of the client and the society.
Article 4 The industry and commerce administration and the judicial administrative authority shall legally conduct supervision and administration over the engagement in trademark agent business activities by Law Firms and their Lawyers.
Chapter II Scope of Business and Filing
Article 5 A Law Firm may accept the entrustment by the client and appoint a Lawyer to deal with the following trademark agent businesses:
1. To advise on the application and change of registration, renewal, transfer, reiss7uance, pledge registration, license contract filing, opposition, cancellation and revocation as well as Madrid international registration of trademark and other trademark matters as administered by the Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China (hereinafter referred to as the "Trademark Office");
2. To advise on the trademark registration rejection review, opposition review, cancellation review and trademark registration dispute cases and other relevant trademark matters as administered by the Trademark Appeal Board of the State Administration for Industry and Commerce of the People's Republic of China (hereinafter referred to as the "Trademark Appeal Board");
3. To advise on other matters in relation to the international registration of trademark;
4. To advise on the trademark infringement evidence investigation and the trademark infringement complaint;
5. To advise on trademark administrative review and litigation cases;
6. To advise on and participate in trademark dispute mediation and arbitration and other relevant activities;
7. To serve as trademark consultant, provide legal consultancy on trademark and draft relevant trademark legal papers on behalf of the client; and
8. To advise on other trademark legal matters.
Law Firms shall report to the Trademark Office for record if they are engaging in the trademark agent businesses as set forth in Paragraph 1 and Paragraph 2.
Article 6 When reporting to the Trademark Office for record, the Law Firms shall submit the following materials:
1.
......
Gong Shang Biao Zi [2012] No.192
November 6, 2012
The industry and commerce administrations and justice offices (bureaus) of all provinces, autonomous regions and municipalities directly under central government:
For the purposes of regulating the practice activities of law firms and their lawyers in engaging in trademark agent businesses, maintaining the trademark agency legal service order and safeguarding the legitimate rights and interests of the client, the State Administration for Industry and Commerce and the Ministry of Justice have jointly formulated the Administrative Measures for Law Firms to Engage in Trademark Agent Businesses, which is hereby printed and distributed to you and you are required to follow the same.
Administrative Measures for Law Firms to Engage in Trademark Agent Businesses
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Trademark Law of the People's Republic of China, the Law of the People's Republic of China on Lawyers and other laws, regulations and rules for the purposes of regulating the practice activities of law firms and their lawyers in engaging in trademark agent businesses, maintaining the trademark agency legal service order and safeguarding the legitimate rights and interests of the client.
Article 2 These Measures shall apply to the engagement in trademark agent business by law firms and their lawyers.
For the purposes of these Measures, "Law Firm" refers to organization in which the lawyers practice.
For the purposes of these Measures, "Lawyer" refers to the practitioner who has legally obtained the lawyer's practice certificate and is appointed by the Law Firm to provide legal service for the Client.
Article 3 When engaging in the trademark agent businesses, the Law Firms and their Lawyers shall practice in a legal, honest and diligent way, and scrupulously abide by the professional ethnics and practice discipline of Lawyers, and accept the supervision of the client and the society.
Article 4 The industry and commerce administration and the judicial administrative authority shall legally conduct supervision and administration over the engagement in trademark agent business activities by Law Firms and their Lawyers.
Chapter II Scope of Business and Filing
Article 5 A Law Firm may accept the entrustment by the client and appoint a Lawyer to deal with the following trademark agent businesses:
1. To advise on the application and change of registration, renewal, transfer, reiss7uance, pledge registration, license contract filing, opposition, cancellation and revocation as well as Madrid international registration of trademark and other trademark matters as administered by the Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China (hereinafter referred to as the "Trademark Office");
2. To advise on the trademark registration rejection review, opposition review, cancellation review and trademark registration dispute cases and other relevant trademark matters as administered by the Trademark Appeal Board of the State Administration for Industry and Commerce of the People's Republic of China (hereinafter referred to as the "Trademark Appeal Board");
3. To advise on other matters in relation to the international registration of trademark;
4. To advise on the trademark infringement evidence investigation and the trademark infringement complaint;
5. To advise on trademark administrative review and litigation cases;
6. To advise on and participate in trademark dispute mediation and arbitration and other relevant activities;
7. To serve as trademark consultant, provide legal consultancy on trademark and draft relevant trademark legal papers on behalf of the client; and
8. To advise on other trademark legal matters.
Law Firms shall report to the Trademark Office for record if they are engaging in the trademark agent businesses as set forth in Paragraph 1 and Paragraph 2.
Article 6 When reporting to the Trademark Office for record, the Law Firms shall submit the following materials:
1.
......