This is a highly critical compliance requirement issued by the National Intellectual Property Administration (CNIPA) governing trademark agency practice in China. Since late 2022, when CNIPA issued Announcement No. 507 and fully implemented the system for the re-recordation and renewal of recordation for trademark agencies in 2023, this Commitment Letter has become a statutory prerequisite document. All agencies engaged in trademark agency practice in China must first read and electronically sign (stamp and upload) this document within the official system when handling new recordation, modification of recordation, or the triennial renewal of recordation.
The core purpose of this Commitment Letter is to implement the Trademark Law, the Implementing Regulations of the Trademark Law, and the Provisions on the Supervision and Administration of Trademark Agency (Order No. 63 of the State Administration for Market Regulation). It aims to improve administrative approval efficiency through the “Inform-and-Commit System,” while simultaneously strengthening ongoing and ex-post supervision as well as credit-based disciplinary mechanisms for trademark agency practice in China.
Core Compliance Contents Governing Trademark Agency Practice in China
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Strict Prohibition of Bad-Faith Preemptive Registration and Hoarding: The agency commits not to accept any entrustment from principals regarding bad-faith preemptive registration or large-scale trademark hoarding, and the agency itself shall not utilize its agency convenience to file bad-faith applications.
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Strict Prohibition of Forgery and Alteration of Documents: It is strictly prohibited to forge or alter any legal documents, seals, signatures, or evidentiary materials of any official representative authorities.
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Standardization of Business Solicitation: It is strictly prohibited to solicit trademark agency business through unfair means, such as making false promises regarding outcomes, exaggerating success rates, engaging in commercial bribery, or malicious collusion.
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Real-Name Association of Personnel Qualifications: The agency commits that all practicing personnel submitting business operations have completed real-name recordation. According to the latest regulations, practicing personnel who have not completed recordation are ineligible to sign trademark applications, and the Trademark Office will refuse to accept business operations submitted by them.
Legal Liabilities and Consequences Affecting Trademark Agency Practice in China
The Chinese authorities currently implement a graded and classified credit file management system for the trademark agency industry. If an agency is found to have made “false commitments” or violated its commitments after signing the “Notice and Commitment Letter for Trademark Agency Practice”:
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The authorities will revoke the relevant administrative licensing or recordation either on the spot or ex-post.
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The trademark agency will be included in the Directory of Exceptional Business Operations and disclosed to the public.
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Severe violations will lead to joint disciplinary sanctions, including the suspension of acceptance of its newly submitted trademark agency business, up to the cancellation of its recordation.
Notice and Commitment Letter for Practicing Trademark Agency
The China National Intellectual Property Administration (CNIPA) provides information on matters related to practicing trademark agency as follows:
(1) Strictly comply with laws and regulations such as the Trademark Law of the People’s Republic of China, the Implementing Regulations of the Trademark Law of the People’s Republic of China, the Provisions on the Supervision and Administration of Trademark Agency, and other relevant national provisions. Uphold the principle of good faith, adhere to professional ethics, standardize professional practices, improve the quality of trademark agency services, and safeguard the legitimate rights and interests of clients as well as the normal order of the trademark agency market.
(2) Standardize professional practices.
Trademark agencies must strictly fulfill their agency responsibilities, actively perform management duties, and establish and improve work systems. Engaging in trademark agency business must not involve fraudulent or deceptive means, nor harm national interests, public interests, or the legitimate rights and interests of others. Trademark agencies must not indirectly apply for registration or acquire trademarks in the name of their legal representatives, shareholders, partners, actual controllers, senior management personnel, employees, or others for goods or services unrelated to agency services. They must also not indirectly engage in such activities by establishing separate market entities or through other means related to such entities.(3) It is strictly prohibited to engage in malicious preemptive registration or hoarding of trademarks, and strictly prohibited to submit forged or altered legal documents, seals, or signatures.
(3) Safeguard the legitimate rights and interests of clients.
Trademark agencies shall verify the matters declared by clients and the materials provided for trademark registration applications or other trademark-related affairs, promptly inform clients of the progress in handling entrusted matters, deliver legal documents and materials, and shall not delay without justifiable reasons. In the course of agency, they shall comply with relevant regulations on the protection of trade secrets and personal information. When accepting entrustment to handle trademark agency business, they shall conduct conflict of interest reviews and shall not accept entrustment from both parties with conflicting interests in the same case. If a trademark applied for registration by a client may fall under circumstances prohibited by the Trademark Law, the trademark agency shall clearly inform the client in writing or by other means.
(4) Strengthen the management of personnel.
Trademark agency practitioners shall comply with laws and regulations, have a good credit standing, exhibit good conduct, be familiar with trademark laws and regulations, and possess the ability to engage in trademark agency business in accordance with the law. Trademark agency practitioners shall not engage in trademark agency business at more than two trademark agencies simultaneously. Documents submitted by trademark agencies to the National Intellectual Property Administration shall be signed by relevant trademark agency practitioners, who are responsible for the trademark agency business processed under their seals and signatures. Strengthen education on professional ethics and discipline for trademark agency practitioners within the agency, organize business learning activities, and provide conditions for their participation in business training and continuing education.
(5) Lawfully standardize filing.
Trademark agencies shall promptly handle renewal or modification filings in accordance with the “Trademark Agency Supervision Regulations,” submitting filing materials truthfully, accurately, and completely. When a trademark agency applies for deregistration of its market entity, fails to handle renewal upon the expiration of the filing validity period, decides on its own to cease engaging in trademark agency business, is revoked or has its business license or law firm practice license revoked, or is permanently barred by the National Intellectual Property Administration from handling trademark agency business, it shall, after properly handling pending trademark agency matters, complete the deregistration filing with the National Intellectual Property Administration.
This institution has read, understood, and communicated the above content to all personnel within the institution. We commit to strictly adhering to the above regulations and solemnly pledge not to engage in the following actions:
(1) Refrain from bribing or providing improper benefits to trademark registration and management staff to seek unfair advantages.
(2) Refrain from using solicitation, bribery, or other improper means to obtain trademark information or secure business opportunities.
(3) Refrain from hiring individuals previously engaged in trademark registration and management work in violation of laws, regulations, and national restrictions on employment.
(4) Refrain from misleading clients by promising outcomes, exaggerating the success rate of our agency business, or similar means.
(5) Refrain from engaging in malicious competition through low pricing, defamation, or other means that disrupt market order in the industry.
(6) Do not handle malicious trademark registration applications or hoard trademarks..
□This commitment represents my true intention. This commitment is made electronically and becomes legally binding upon submission. If I violate this commitment, make false commitments, or fail to conduct trademark agency business in accordance with laws and regulations, I am willing to bear all consequences and corresponding legal liabilities.
Signature of the trademark agency head with agency seal:
Year Month Day
(This commitment letter is made in duplicate, with one copy retained by the regulatory department and one by the registered trademark agency.)
Disclaimer: Notice and Commitment Letter for Practicing Trademark Agency is translated by GWBMA for reference only. There may be different interpretations of the Chinese version.
