In Chinese trademark law, trademark representation involves appointing a trademark agent to take legal action on trademark matters on behalf of a principal. While Chinese businesses are allowed to register their own marks, trademark representation is mandatory for foreign businesses to register a trademark.
Purpose
Trademarks do not automatically arise in China; rather a legally prescribed application process must be followed to obtain rights. The role of trademark representation is to assist in following these procedures to ensure that these rights are obtained. The legal procedures for obtaining a trademark are extremely complex, therefore, a trademark agent will be familiar with the numerous procedures required for registration. Additionally, a significant portion of trademark representation does not constitute legal services, rather is an independent professional field. Trademark agents are thoroughly familiar with goods and services classification and the trademark examination process.
The basic Nice Agreement classification has 42 major categories covering tens of thousands of goods, and China has its own classification system with 485 classes. This complex and ever-changing system requires specialized knowledge and significant on-the-job experience for professionals to distinguish between classifications. Businesses tend to lack trademark specialists and thus often need outside assistance. A government-administered qualification exam for trademark representation competence is required to demonstrate sufficient legal expertise in trademarks to provide high-quality service to businesses. Trademark representation is an essential link between trademark offices and businesses, assisting with trademark registration, maintaining exclusive rights, and improving the efficiency of the entire trademark administrative system.
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