Policies and Regulations

Chapter 9 Trademark Agents

Updated: 2010-04-22 10:43

The trademark undertaking of China entered an unprecedented stage of rapid development in 2009. Consequently, the trademark agent industry flourished. The number of trademark agencies sustained high growth, whose businesses scope became wider and more profound. While administrative supervision over the industry was strengthened, self-regulation level also improved significantly. It played an important role in promoting the vigorous development of the trademark undertakings in China.

1. Information about trademark agencies

By December 31, 2009, there were 4,637 trademark agencies in China, among which 730 were established in 2009. Eight agencies were nullified in the year.

2.Strengthening administrative control over trademark agents and protecting the right of trademark applicants.

2-1. Giving an impetus to the legislative process of the Trademark Agents Ordinance.

In 2009 legislation plan of the SAIC, the Trademark Agents Ordinance was among the prioritized items. The SAIC conducted in-depth study on whether the trademark attorney qualification system should be restored. It also worked on the specific measures for regulating trademark agents’ activities, and framed legislation approaches in defining qualifications of trademark agencies and attorneys, binding their behaviors, and strengthening credit classification regulation, which were reported to and communicated with the Legal Affairs Office of the State Council. Based on the above mentioned approaches, the SAIC revised the Trademark Agents Ordinance, and formed the Draft of the Trademark Agents Ordinance. At present, legislation work of the Ordinance is progressing orderly.

2-2. Revising the Measures on Administration of Trademark Agents, and thus the capacity of administrative control largely increased.

In order to strengthen administrative control in trademark agents industry, the SAIC revised the Measures on Administration of Trademark Agents by relaxing the restriction on entry conditions, and decentralizing administrative functions. The revised Measures on Administration of Trademark Agents was officially published on November 11, 2009, which dramatically improved the capacity of administrative control over trademark agents.

2-3. Innovating new measures for supervising trademark agents industry and strengthening investigation for illegal practices.

The SAIC issued the Notice on Further Regulating Market Order of Trademark Agents to dispose in the whole system the supervision work in trademark agents market. It requested the Administration for Industry and Commerce of all levels take effective measures to supervise trademark agents industry so as to protect legitimate rights of the trademark owners. Local AICs conducted special operations to enhance investigation for unlawful trademark agent practices. Measures were taken to supervise investigation and handling process, to openly communicate unlawful practices on the CTMO website, and to enhance self-regulation of the industry, so that the market order can be standardized.

2-4. Formulating the Measures on Administration of Credit Information of Trademark Agents to explore how to establish credit evaluation system for trademark agencies.

The CTMO made effort in establishing credit evaluation system for trademark agencies. Based on the work done in 2008, the Measures on Administration of Credit Information of Trademark Agents was formulated, and related departments of the SAIC, including China Trademark Association, were invited for comments. It laid a solid foundation for opening government information and strengthening control over enterprise credit.

2-5. Unifying standard and regulated procedure, further improving trademark agents record management system.

The CTMO sorted and concluded the system of recording trademark agent data, changing information, and cancellation of registration; therefore, uniform standard and regulated procedure are in place to improve efficiency and service.

2-6. Enhancing management of complaints and reports against trademark agents.

In 2009, CTMO continued to improve the institution of dealing with complains and report against trademark agents. Dedicated staff was assigned to receive and handle trademark-agent related complaints. We received and handled 15 complaining cases over the last year, effectively improved our service.

3. Self-Discipline of the Trademark Agent Industry Improved

3-1. Continuing to enhance management and self-discipline of trademark agent industry, and thus to promote healthy development of the industry.

Trademark Agent Section of the China Trademark Association recruited 87 new members in 2009, 225 members in total by the end of 2009. Led by Chairman and Vice Chairman, the Trademark Agent Section formed four research groups, studying development, entry, service and discipline of the industry. Two working group meetings were held to discuss and exchange opinions about progress and problems.

3-2. Enhancin g trademark agent training to improve quality and service of the entire industry.

2009 National Trademark Agent Training was held in Beijing between July 11 and 12, 2009. 221 agents’ of92 trademark agencies from 19 provinces and cities of China attended the training.

3-3. Strengthening international exchange and cooperation in the trademark agent industry.

Chinese and Foreign Trademark Agencies Cooperation and Development Summit successfully held during the 3rd China Trademark Festival to promote international exchange and cooperation.