State Intellectual Property Office: The first batch of warning cases for the “Blue Sky” special rectification action in the intellectual property agency industry were released (3)-Industry News-Shenzhen deep trust patent Agency Co., LTD

News Updates

NEWS CENTER

Related News

There is currently no data available

Home

State Intellectual Property Office: The first batch of warning cases for the “Blue Sky” special rectification action in the intellectual property agency industry were released (3)

Release Time：

2023-01-09

The details of cases 9-11 are as follows:

The first batch (1) warning cases 1-4、The first batch (two) warning cases 5-8、Details 👈Click

The State Intellectual Property Office issued the first batch of "Blue Sky" special rectification action warning cases, focusing on trademark agency, including agents maliciously registering trademark applications related to COVID-19 prevention and control, Olympic hot words, etc. without the purpose of use, forging and altering Such illegal acts include falsifying official documents, signatures or historical materials, accepting entrustments from both parties with conflicting interests in the same trademark case, making false publicity, slandering peers, and soliciting business by improper means. Patent and trademark agencies and practitioners must take heed of this warning, consciously abide by the law and standardize their operations, and jointly create a good industry environment. Patent and trademark applicants are also reminded to be vigilant, choose reputable patent and trademark agencies, and safeguard their legitimate rights and interests.

The details of the first batch of warning cases 9-11 are as follows:

Case 9

A case of forgery of geographical indication historical materials by a trademark agency company in Sichuan

Trademark agencies provide tampered historical materials to apply for registration of geographical indication trademarks, disrupting the order of the trademark agency market, and shall be punished accordingly.

Basic case facts

During the process of applying for the "Guanmenhongmei" geographical indication trademark, the party tampered with the content recorded in Nanjiang County Chronicles and used the false content as trademark registration application materials to the State Intellectual Property Office as an application for the "Guanmenhongmei" geographical indication trademark. Evidence of objective historical existence and reputation that needs to be submitted. The parties concealed facts, provided false evidence, and used unfair means to disrupt the order of the trademark agency market.

Legal basis and penalties

In accordance with the provisions of Article 68, Paragraph 1, of the Trademark Law of the People's Republic of China, the Sichuan Provincial Administration for Market Regulation gave the party a warning and a fine of 40,000 yuan. The person in charge and the person directly responsible will be given a warning and a fine of 20,000 yuan.

Case 10

A certain intellectual property agency company in Tianjin simultaneously accepted the entrustment of two parties with conflicts of interest in the same trademark case.

In the process of trademark agency, if you accept trademark agency entrustments from both parties with conflicting interests in the same trademark case at the same time and damage the interests of the client, you will be punished accordingly.

Basic case facts

A company in Tianjin and Li are two parties with conflicting interests in the same trademark case. The parties accepted the trademark agency entrustment from both parties at the same time, concealed the truth from Li's client and informed him that there was no need to defend the objection, but still signed a contract with him to cancel the objection. Regarding the defense agency contract, after collecting relevant evidence, he privately changed the cancellation objection defense service to trademark monitoring service, which caused Mr. Li to misunderstand the contents of the contract, resulting in the deregistration of four trademarks he held due to failure to respond.

Legal basis and penalties

The Hongqiao District Market Supervision and Administration Bureau of Tianjin City, in accordance with Article 68, paragraph 1, item (2) of the Trademark Law of the People's Republic of China and Article 88, item (1) of the Implementation Regulations of the Trademark Law of the People's Republic of China, , the provisions of Item (3), the party is ordered to correct the illegal behavior and given a warning and a fine of 25,000 yuan; the legal representative of the responsible party and other directly responsible personnel are given a warning, a fine of 15,000 yuan and a warning respectively. , a penalty of 10,000 yuan.

Case 11

A Shanghai intellectual property agency company solicited trademark agency business by defaming other trademark agencies.

Trademark agencies solicit trademark agency business by slandering other peer agencies and disrupt the order of the trademark agency market by unfair means, and shall be punished accordingly.

Basic case facts

In March 2020, a certain intellectual property agency company in Shanghai published content on its self-built website that compared it with other trademark agencies and slandered other trademark agencies. The above content was fabricated and published by the parties themselves in order to solicit trademark agency business, and it was unable to provide relevant basis and supporting materials. On November 11, 2022, the party concerned deleted the relevant content.

Legal basis and penalties

In accordance with the provisions of Article 68, Paragraph 1 (2) of the Trademark Law of the People's Republic of China, the Shanghai Jinshan District Market Supervision and Administration Bureau gave the party a warning and a fine of 10,000 yuan.

More intellectual property information and services

Pay attention to [Shenkexin Intellectual Property] Official subscription number

More deeply credible dynamic news, important data/report/case, etc.

Pay attention to the [Shenkexin Intellectual Property Service Platform] official service number