Engaging a trademark agency to handle a registration generally requires signing two types of documents: first, the Agency Service Contract between you and the agency, which sets out the scope of services, fees, and each party's responsibilities; and second, the Power of Attorney for Trademark Agency submitted to CNIPA, signed or sealed by the applicant and stating the entrusted matters and scope of authority. Both are indispensable.
Agency Service Contract
This is a civil contract between the applicant and the agency. It should clearly cover:
- Scope of services: whether it includes similarity searches, class planning, handling of corrections, and forwarding of refusal notices.
- Fee structure: the official fee (CNY 270 per class for online filing) and the agency service fee should be listed separately, including whether fees for subsequent procedures are covered.
- Rights and obligations: time limits for forwarding official documents, confidentiality clauses, and refund rules if the application is not accepted. Before signing, verify that the agency is recorded with CNIPA (the list of recorded agencies is available on the CNIPA website).
Power of Attorney for Trademark Agency
This is a statutory document submitted to CNIPA. Key points:
- The name of the principal (applicant) must be exactly consistent with the application form and the entity's certificate.
- It must state the name of the appointed agency and the scope of authority (general agency).
- The applicant must sign (natural person) or affix the company seal (enterprise); incomplete signatures or seals are one of the most common reasons for correction notices.
- For online filings, the power of attorney is uploaded electronically.
Common Risk Points
- Missing signature or seal on the power of attorney: this directly triggers a correction notice and delays acceptance.
- Inconsistent names: the name on the power of attorney does not match the business license.
- One power of attorney used for multiple purposes: some agencies ask clients to sign blank powers of attorney; refuse this, as blank signed or sealed documents carry the risk of misuse.
Handover Confirmation
After the application is filed, ask the agency for the application number and the Notice of Acceptance, and confirm how subsequent official documents will be forwarded to you.
In similar situations, it is advisable to first consult a CNIPA-recorded agent on MyTMBee to assess whether agency-assisted trademark registration is needed before deciding on the next step.