Direct answer
When a trademark matter is handled through an agency, Article 5 of the Trademark Law Implementing Regulations requires a power of attorney stating the matters entrusted and the agent’s authority. For a foreign applicant, it must also state the applicant’s nationality. Whether a foreign applicant must use an agency depends on the applicant and procedure. Do not borrow a power of attorney from a different jurisdiction or matter without checking the current CNIPA form.
Start with the applicant and route
For a domestic application, identify the legal owner of the mark and whether it has the residence or business domicile relevant to agency rules. CNIPA’s foreign-applicant FAQ says a foreign company without a business domicile in China must entrust a lawfully established agency. It clarifies that a wholly owned China branch and a representative office do not themselves establish the foreign company’s business domicile. It separately describes a self-filing option for a foreign individual with habitual residence in China. Those distinctions matter before asking who should sign a power of attorney.
The CNIPA public-service guide lists a trademark agency power of attorney among materials when the application is handled by an agency. Other procedures, including later changes, renewal or review, may use their own forms and scope. Check the current application type and official forms; a general guide should not prescribe a single document for every stage.
Review before signing
Confirm the applicant’s registered name and nationality, the agency’s identity, the exact matter, the authority granted and the person authorized to sign for the applicant. Compare the document with the service engagement: will the agency file only, monitor notices, answer examination issues or handle later disputes? Decide who receives official communications and how deadlines will be escalated. Keep a signed copy and any required Chinese translation. Check whether any further formality applies to the particular document; notarization should not be assumed for every case.
This is a procedural checklist, not a statement that signing alone creates a valid filing or guarantees registration. A China professional should confirm the correct form and supporting material for the chosen matter.
Official sources and scope
As checked on 2 November 2026, the 2019-amended Trademark Law is the current statutory text. The 2026 revised Trademark Law has been enacted but takes effect on 1 January 2027. For a matter crossing that date, check the applicable rule and final implementing measures. This is ChanYond’s independent explanation of public sources, not an official CNIPA statement or advice on a particular mark.
Primary topic sources checked 2 November 2026: CNIPA public-service guide; CNIPA foreign-applicant guidance