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 (1)-Industry News-Shenzhen deep trust patent Agency Co., LTD

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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 (1)

Release Time：

2023-01-05

Since 2019, the State Intellectual Property Office has continued to carry out in-depth "Blue Sky" special rectification actions in the intellectual property agency industry across the country, organizing various localities to crack down on violations of patent and trademark agency laws and regulations. So far, a total of 10,000 patent and trademark agency interviews have been conducted. There are more than 7,400 companies, and more than 4,500 companies have been ordered to rectify, more than 680 warnings and fines have been issued, and 20 severe penalties such as revoking agency qualifications and cessation of agency business have been imposed, and the amount of fines and confiscations was more than 32 million yuan. This has caused strong repercussions in the industry and formed a nationwide The continued high-pressure situation of severely cracking down on illegal and illegal agency behavior has significantly improved the order of the industry.

The State Intellectual Property Office compiled some of these cases and released the first batch of "Blue Sky" special rectification action warning cases, focusing on trademark agency, including agents not maliciously registering trademarks related to new crown epidemic prevention and control, Olympic hot words, etc. for the purpose of use. Application, forging or altering official documents, signatures or falsifying historical materials, etc., accepting entrustments from both parties with conflicting interests in the same trademark case, making false publicity, slandering peers, and other illegal activities to solicit 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 1-4 are as follows:

Case 1

A Shanghai Intellectual Property Agency Co., Ltd. acted as agent in the case of preemptive registration of the "Vulcan Mountain" and "Thunder God Mountain" trademarks

Since the outbreak of the COVID-19, some applicants have rushed to register names related to epidemic prevention and control such as "Vulcan Mountain" and "Thunder God Mountain" as trademarks in order to gain popularity. Some trademark agencies are driven by interests and have acted as agents for related trademark registration applications, disrupting the industry. order, causing negative social impact, and being severely punished.

Basic case facts

On January 29, 2020, the parties involved agreed with an international trading company in Shanghai to apply for the registration of the "Vulcan Mountain" and "Thunder God Mountain" trademarks on its behalf. On February 3, 2020, the parties submitted a registration application to the State Intellectual Property Office.

Legal basis and penalties

In accordance with the provisions of Article 68, paragraph 1, item (3) of the Trademark Law of the People's Republic of China , the Shanghai Municipal Administration for Market Regulation gave the party an order to make corrections, a warning, and a fine of 85,000 yuan.

Case 2

An intellectual property agency company in Beijing acted as an agent in the case of preemptive registration of the trademarks "Bingdundun" and "Xuerongrong"

The agency maliciously registered trademarks related to the Beijing 2022 Winter Olympics and Winter Paralympics mascots and was severely punished.

Basic case facts

The Beijing 2022 Winter Olympics and Paralympic Winter Games Organizing Committee applied for the "Bingdundun" and "Xuerongrong" trademarks to the State Intellectual Property Office on September 16, 2019. On September 25, 2019, Pei entrusted the parties to apply for registration of the "Bingdundun" and "Xuerongrong" trademarks. The party submitted the above trademark registration application on September 26, 2019.

Legal basis and penalties

In accordance with the provisions of Article 68, Paragraph 1, Item (3) of the Trademark Law of the People's Republic of China, the Beijing Municipal Administration for Market Regulation gave the party an order to make corrections, a warning, and a fine of 80,000 yuan.

Case 3

An Intellectual Property Agency Co., Ltd. in Huaihua City acted as agent for the case of preemptive registration of the "Quanhongchan, Hongchan" trademark

A small number of agencies maliciously registered the names of high-profile public figures, including Olympic athletes, and were severely punished.

Basic case facts

On August 10, 2021, the party concerned accepted the agency application for registration of the "Quanhongchan, Hongchan" trademark. On August 16, 2021, an application for registration of the "Quanhongchan, Hongchan" trademark was submitted to the State Intellectual Property Office.

Legal basis and penalties

In accordance with Article 68, paragraph 1, item (3) of the Trademark Law of the People's Republic of China, the Market Supervision and Administration Bureau of Huaihua City, Hunan Province gave the party a warning and a fine of 15,000 yuan; the person directly responsible was fined 5,000 yuan. punishment.

Case 4

"Express delivery" case of an intellectual property agency company in Taizhou

Trademark agencies courier the recipient to pay the postage by mailing trademark registration information, and use "express delivery" to induce the recipient to sign for the goods in order to solicit trademark agency business. They seek improper benefits and shall be punished accordingly.

Basic case facts

Starting from September 2021, a Taizhou Intellectual Property Agency Co., Ltd. and its legal representative Huang collected the company's registered trademark information and produced a "Trademark Termination Announcement" in a self-designed format, which was delivered via EMS in Yuhuan, Taizhou and Fuyang, Anhui. Mail the payment form to the trademark registrant, and fill in the express sender's address next to the Trademark Office of the State Intellectual Property Office, No. 1 Chama Street, Xicheng District, Beijing. The distribution information is stamped with the words "Trademark Termination Document" to attract people. The misunderstanding is used to induce the recipient to sign for the goods in order to solicit trademark agency business. Between October 21 and December 6, 2021, a total of 7,064 items were mailed. After the "Trademark Termination Contract" involved in the case was mailed, the party concerned had not signed a trademark agency contract with the relevant enterprise, and no trademark agency business had been concluded.

Legal basis and penalties

In accordance with the provisions of Article 68, Paragraph 1, Item (2) of the Trademark Law of the People's Republic of China, the Taizhou Municipal Administration for Market Regulation ordered the party to make corrections, gave a warning, confiscated illegal gains of 6,723.62 yuan, and fined the party 12,000 yuan. The person directly responsible, Huang, was given a warning and a fine of 5,000 yuan. In accordance with the provisions of Article 68, Paragraph 1, Item (2), Article 68, Paragraph 2, of the Trademark Law of the People's Republic of China and Article 90 of the Implementation Regulations of the Trademark Law of the People's Republic of China, Decided to permanently stop accepting the trademark agency business of the party concerned; in accordance with the relevant provisions of Article 2 and Article 12 of the "Measures for the Administration of the List of Serious Violators and Untrustworthy Persons in Market Supervision and Administration", decided to include the party in the Market Supervision and Administration List of Serious Violators and Untrustworthy Persons, through the National Enterprise Credit Information The publicity system shall be announced and corresponding management measures shall be implemented.

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