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 (2)-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 (2)

Release Time：

2023-01-05

Details of the first batch (1) warning cases 1-4👈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 5-8 are as follows:

Case 5

Case of trademark hoarding by a trademark agency company in Jiangsu

Trademark agencies register affiliated companies, apply for registered trademarks by copying and plagiarizing other people's trademarks, and hoard and transfer them to seek illegitimate benefits, and are severely punished.

Basic case facts

The party concerned began to engage in trademark agency business on April 1, 2017. In order to circumvent the regulation that trademark agencies cannot apply for registration of trademarks other than trademark agency services, they applied for registered trademarks by authorizing or controlling affiliated companies and transferred them for profit. From January 2018 to March 2020, a total of 803 trademark applications were applied for registration. , including many trademarks that are identical or similar to others, with the obvious intention to copy and plagiarize other people’s trademarks.

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 Changshu Municipal Administration for Market Regulation imposed a fine of 60,000 yuan on the party concerned and a fine of 30,000 yuan on the person directly responsible.

The State Intellectual Property Office shall, in accordance with the provisions of Article 68, paragraph 1, item (3), 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 impose a penalty on the parties to permanently stop accepting their trademark agency business, and announced it.

Case 6

Case of malicious registration of a trademark by an international brand management company in Guangzhou

Trademark agencies that submit registration applications for identical or similar trademarks on the same goods harm the interests of registered trademark owners and will be severely punished.

Basic case facts

As of May 20, 2020, the parties have represented a total of 1,059 trademark registration applications, belonging to 190 trademark applicants, of which 58 trademark applicants have registered exclusively with registered trademarks in Colorado, the United States, London, the United Kingdom, and Hong Kong, China. New companies with the same rights holders but addresses in different countries or regions submit applications for registration of the same or similar trademarks on the same goods. Between January 2019 and April 2020, the parties involved filed a total of 635 trademark registration applications with the State Intellectual Property Office on behalf of the above-mentioned 58 companies. Some of the trademarks were identical or similar to trademarks registered and used by companies with the same name. The number of trademarks involved is 224. During this process, Luo, the person in charge of the party concerned, directly contacted the entrusting company and was responsible for the entire process.

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 Guangzhou Municipal Administration for Market Regulation gave the party an order to make corrections, a warning, and a fine of 60,000 yuan. The person in charge who is directly responsible will be warned and fined 20,000 yuan.

In accordance with the provisions of Article 68 Paragraph 1 and 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, the State Intellectual Property Office decided to grant the parties a suspension. Accept the penalty for handling trademark agency business for 12 months and make an announcement.

Case 7

A trademark office in Shanghai forged and altered official documents of state agencies

Trademark agencies illegally handle trademark matters by forging or altering legal documents, and relevant agencies and personnel are subject to administrative and criminal penalties respectively.

Basic case facts

In order to solicit trademark agency business, the party concerned, Wu, a director of a trademark office in Shanghai, used computer software to forge and alter eight categories of original trademarks, including the "Notice of Trademark Renewal", "Notice of Defense in Trademark Review Cases" and "Notice of Trademark Rejection" bureau official documents, and assigned two salesmen to send them to the person in charge of the relevant enterprise through WeChat and Tencent QQ. After discovering the fact that the person in charge had forged and altered official documents of the state agency, the two salesmen still accepted his assignment and used the above-mentioned forged and altered documents. With the official documents created, he successively deceived 100 companies and 6 individuals into handling related trademark agency business and collected fees. There were a total of 126 forged or altered official documents mentioned above, and all of them were identified as forged or altered.

Legal basis and penalties

In accordance with the provisions of Article 68 of the Trademark Law of the People's Republic of China, the Shanghai Pudong New Area Intellectual Property Office ordered the parties to immediately correct the illegal behavior and gave them a warning and a fine of 100,000 yuan; two relevant salesmen were given warnings and fines of 100,000 yuan. The person in charge, Wu, was suspected of committing a crime and was transferred to the judicial authorities for investigation of criminal liability. The Shanghai Pudong New Area People's Court made a criminal judgment in accordance with the law and found that the party concerned was guilty of the above charges. He was sentenced to 3 years in prison, suspended for 5 years, and fined RMB 15,000. The State Intellectual Property Office shall, in accordance with the provisions of Article 68, Paragraph 1, Item (1), 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 , impose a penalty on the party concerned to permanently stop accepting trademark agency business, and make an announcement.

Case 8

A case of forging the client’s signature by a Beijing intellectual property agency company

Trademark agencies illegally apply for registered trademarks by forging the signatures of clients, disrupting the order of the trademark agency market and affecting the interests of clients, and are punished accordingly.

Basic case facts

On August 8, 2019, when the party accepted Lin’s entrustment to act as an agent for Fan and Qian in trademark transfer matters, they submitted a trademark transfer application electronically through the Trademark Office website, and the agent transferred the trademark under Fan’s name to Qian. certain. Later, due to errors in filling out the trademark agency power of attorney for both the transferor and the transferee submitted during the application, the Trademark Office informed the applicant to make corrections. After making the corrections, the party concerned submitted the trademark agency power of attorney electronically again on August 18, 2020, in which the name of the principal was specified. The signatures of XX and Qian are not their real signatures, but were cut and pasted by the parties from the trademark agency power of attorney submitted on August 8, 2019.

Legal basis and penalties

In accordance with the provisions of Article 68, Paragraph 1, Item (1) of the Trademark Law of the People's Republic of China, the Beijing Fengtai District Market Supervision and Administration Bureau gave the party an order to make corrections, a warning, and a fine of 10,000 yuan.

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