State Intellectual Property Office and State Administration of Municipal Supervision: Carry out special rectification actions in the trademark agency industry!-Industry News-Shenzhen deep trust patent Agency Co., LTD

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State Intellectual Property Office and State Administration of Municipal Supervision: Carry out special rectification actions in the trademark agency industry!

Release Time：

2022-11-02

The State Intellectual Property Office and the State Administration for Market Regulation issued a notice on carrying out special rectification actions in the trademark agency industry, which mentioned: collecting and collecting forged application materials and legal documents, soliciting business by improper means, falsely claiming to have internal relationships, and malicious registration by agents. and illegal clues such as hoarding trademarks. Intellectual property management departments in various places should join forces with market supervision departments to strengthen supervision and inspection of trademark agencies and practitioners, focusing on checking whether trademark agency responsibilities and obligations are strictly performed, whether quality management, conflict of interest review, malicious application screening and other systems are sound and whether there are Irregular business practices. For those who engage in trademark agency business through the Internet, focus on checking whether they maliciously squeeze out competitors, provide services below cost, or display trademarks with significant adverse effects through the Internet. Main tasks (1) Extensive search for illegal clues. Intellectual property management departments and market supervision departments in various localities must strengthen contact with market entities such as brand companies and important companies within their jurisdictions, through visits, discussions, and smooth social reporting and complaint channels...

Intellectual property management departments in various places should join forces with market supervision departments to strengthen supervision and inspection of trademark agencies and practitioners, focusing on checking whether trademark agency responsibilities and obligations are strictly performed, whether quality management, conflict of interest review, malicious application screening and other systems are sound and whether there are Irregular business practices.For those who engage in trademark agency business through the Internet, focus on checking whether they maliciously squeeze out competitors, provide services below cost, or display trademarks with significant adverse effects through the Internet.

Notice of the State Intellectual Property Office and the State Administration for Market Regulation on Carrying out Special Rectification Actions for the Trademark Agency Industry

The intellectual property offices and market supervision bureaus (departments and commissions) of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps:

In recent years, my country's intellectual property service industry has developed rapidly, providing important support and playing an important role in the creation, application and protection of intellectual property. However, attention should be paid to the fact that intellectual property service agencies solicit business by improper means and apply for registered trademarks in bad faith. These phenomena often occur and cause adverse social impacts. In order to thoroughly implement the decisions and arrangements of the Party Central Committee and the State Council, standardize the order of the trademark agency industry, promote the sustained and healthy development of the intellectual property service industry, and provide higher-quality intellectual property services for innovation and entrepreneurship and promote economic recovery and improvement, the State Intellectual Property Office and the National Market The State Administration of Supervision and Administration has decided to jointly launch a special rectification operation for the trademark agency industry from November to December 2022. The relevant matters are hereby notified as follows:

1. Overall requirements

Adhere to the problem orientation, focus on the outstanding problems existing in the current development of the trademark agency industry, strengthen the connection between daily supervision and law enforcement and case handling, effectively increase the investigation and punishment of illegal agency activities, and concentrate on rectifying the chaos in the agency industry. Through special rectification actions, a number of illegal agency cases will be severely investigated and dealt with in accordance with the law, a number of illegal agencies will be exposed, those with bad circumstances will be included in the list of serious illegal and untrustworthy persons, and their trademark agency business will be stopped in accordance with the law, effectively increasing the cost of illegal activities and creating a risk A clean and upright trademark agency industry environment can better serve the construction of a powerful country with intellectual property rights and high-quality economic and social development.

2. Main tasks

(1) Extensive search for illegal clues. Intellectual property management departments and market supervision departments in various localities should strengthen contact with market entities such as brand companies and important enterprises within their jurisdictions, and collect and identify forged application materials and legal documents, and use unfair methods through visits, discussions, and smooth channels for social reporting and complaints. Use tactics to solicit business, falsely claim to have internal relationships, act as agents to maliciously register and hoard trademarks and other illegal clues. For major illegal clues outside the jurisdiction, they can be reported to the corresponding department at the higher level for coordination and handling. The State Intellectual Property Office will strengthen the analysis of trademark registration application data, work with the State Administration for Market Regulation to promptly sort out clues about suspected trademark agency violations, and transfer them to local authorities for investigation and punishment in a timely manner.

(2) Increase the intensity of case investigation and handling. Market supervision departments in various regions must strictly investigate and deal with illegal trademark agency activities in accordance with relevant regulations such as the Trademark Law, the Implementation Regulations of the Trademark Law, and several regulations regulating trademark application and registration activities. For illegal acts that have repeatedly carried out agency business illegally and that have received widespread social attention and strong public response, penalties will be increased in accordance with the law to effectively form a deterrent.

(3) Strengthen daily supervision and inspection. Intellectual property management departments in various places should join forces with market supervision departments to strengthen supervision and inspection of trademark agencies and practitioners, focusing on checking whether trademark agency responsibilities and obligations are strictly performed, whether quality management, conflict of interest review, malicious application screening and other systems are sound and whether there are Irregular business practices. For those who engage in trademark agency business through the Internet, focus on checking whether they maliciously squeeze out competitors, provide services below cost, or display trademarks with significant adverse effects through the Internet. Adhere to the combination of inspection and regulation, and urge timely rectification of problems discovered during the inspection through interviews, opinions, etc., and suspected illegal clues will be investigated and dealt with in a timely manner by the market supervision department.

(4) Make good use of information collection. Market supervision departments in various regions must disclose the administrative penalty information of trademark agencies and practitioners to the public in accordance with regulations. For trademark agencies that submit malicious registration applications for trademarks that harm the public interests of society and engage in serious illegal trademark agency behaviors that are egregious in nature, serious in nature, and harmful to society. Those who cause greater harm and receive heavier administrative penalties will be included in the list of serious violations of law and dishonesty in accordance with relevant regulations. At the same time, we will do a good job in collecting illegal information on trademark agencies and inform the intellectual property management department of relevant investigations and punishments. The intellectual property management department must establish and improve the credit files of trademark agencies and trademark agency practitioners, do a good job in sorting and analyzing illegal information on trademark agencies and their practitioners, and report relevant information to the State Intellectual Property Office in a timely manner. The State Intellectual Property Office will stop accepting trademark agency business for trademark agencies that have serious violations of the law and make an announcement, and include them on the list of serious violations and dishonesty.

3. Safeguard measures

(1) Strengthen the connection between law enforcement and supervision. The State Administration for Market Regulation and the State Intellectual Property Office have established a cooperation mechanism for intellectual property law enforcement and protection to strengthen the transfer of illegal clues and regular consultations. Local market supervision departments and intellectual property management departments must strengthen coordination and information sharing, and carry out case investigation and daily supervision according to the division of responsibilities. The transferred case clues must be investigated and handled in accordance with the law, and the handling situation must be reported in a timely manner.

(2) Strengthen regional law enforcement cooperation. Market supervision departments in various regions should strengthen inter-regional liaison and consultation, transfer of clues, and assisted investigation of cases. If they find that the relevant trademark agency is involved in other places during the handling of the case, they should promptly report the relevant situation to the market supervision department of the place involved in the case, and can request to carry out assisted investigation as needed. The market supervision department of the place involved in the case must quickly verify the case. If the conditions for filing the case are met, the case will be filed for investigation in accordance with the law, and a timely response will be provided. It is necessary to give full play to the comprehensive law enforcement advantages of market supervision, comprehensively analyze the nature of illegal activities, and comprehensively use trademark law, advertising law, anti-unfair competition law, etc. to crack down on illegal agency activities in accordance with the law.

(3) Strengthen work supervision and guidance. The State Intellectual Property Office and the State Administration for Market Regulation have strengthened the supervision of special rectification work, and included relevant work in the assessment of intellectual property protection and combating infringement and counterfeiting, and promoted the in-depth development of rectification actions. For those who act ineffectively, fail to transfer clues in a timely manner, fail to resolve social concerns and public complaints in a timely and effective manner, or dare not face the problem directly or take responsibility, we will interview relevant responsible comrades as appropriate; for advanced experiences and advanced models, timely publicity Promotion; increase support and incentives for places where hard work is done and results are evident. Intellectual property management departments and market supervision departments in various localities should strengthen supervision and guidance at the grassroots level. If they encounter difficult and complex problems in their work, they should promptly report them to higher-level departments for research and coordinated solutions.

(4) Strengthen publicity, education and guidance. Intellectual property management departments and market supervision departments in various regions must adhere to the combination of supervision and law enforcement with publicity and guidance, strengthen the publicity of the staged results and typical cases of special rectification actions, do a good job in interpreting relevant laws and regulations, increase case analysis, use cases to explain laws, Strengthen law enforcement and popularize the law, educate and guide trademark agencies and practitioners to conduct business with integrity and law-abiding. It is necessary to publish relevant rectification information to the society through government portals and mainstream media, give full play to the role of new media, grasp the content, method, and rhythm of publicity, increase the breadth and depth of publicity, increase warnings, create a good public opinion environment, and enhance the effectiveness of special rectifications. Influence and deterrence.

4. Progress Arrangement

(1) Mobilization and deployment. Before November 15, 2022, formulate and issue a special rectification action plan, mobilize and deploy the work, ensure that staff understand the relevant requirements of the special action, and do a good job of publicity and guidance to guide the attention and support of enterprises and rights holders for the rectification action.

(2) Organization and implementation. From November 15 to December 20, 2022, we will conduct inspections of key trademark agencies, visit enterprises, identify illegal clues, investigate and handle cases in accordance with the law, and report typical cases in a timely manner. Select a group of key areas to supervise the implementation of operations and case investigation. For the illegal clues transferred to local governments this year, we must speed up the process and strive to quickly investigate and deal with a number of typical trademark agency illegal cases in accordance with the law before the end of December.

(3) Work summary. At the end of December 2022, we will summarize the implementation and effectiveness of the special rectification action, sort out the information of illegal agencies, analyze the problems exposed in the special action, study and propose improvement measures and suggestions for building a long-term mechanism.

Carrying out special rectification work for the trademark agency industry is of great significance to the healthy development of the trademark agency industry and the construction of the business environment. All localities must effectively improve their political stance, combine special rectification actions with the promotion of high-quality development of the trademark agency industry, strengthen organizational dispatch, strengthen work guarantees, and ensure that special rectification tasks are implemented in place. All localities are requested to report the investigation and handling of illegal cases involving trademark agencies to the State Administration for Market Regulation and the State Intellectual Property Office before December 20, and submit work summaries before the end of December.

Notice is hereby given.

State Intellectual Property Office State Administration for Market Regulation

November 2, 2022

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