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Beware of being cheated, trademark patent agency these behaviors!

Release Time：

2022-09-20

In the process of entrusting an agency, trademark patent applicants may encounter the following pitfalls. 1. Calling a false government agency. Falsely claiming to be a staff member of a government agency to trick customers into applying for registered trademarks. After obtaining customer contact information, posing as a government agency or posing as a member of the State Intellectual Property Office, so that customers can feel at ease to deposit money and ensure the certificate.

Beware of being cheated, trademark patent agency these behaviors!

Each market player:

Nowadays, the trademark patent agency market is generally good, but there are also some illegal agents, crooks "routines" are impossible to guard against, so that trademark patent applicants are dazzled. Specifically, trademark patent applicants may encounter the following pitfalls in the process of entrusting agencies.

1. Calling a false government agency. Falsely claiming to be a staff member of a government agency to trick customers into applying for registered trademarks. After obtaining customer contact information, posing as a government agency or posing as a member of the State Intellectual Property Office, so that customers can feel at ease to deposit money and ensure the certificate.

2. Low price attracts. You think a low price means a bargain? That is a big mistake, because the agency will search, query, confirm, submit, follow up, pay attention to, post-service and so on a series of processes after taking over the customer's trademark. These processes require human, material and financial input, and these costs are unavoidable. The trademark is their own, the importance of the trademark is their own, do not choose those agencies that attract customers at low prices for tens or hundreds of dollars cheaper.

3. Falsely claiming to "guarantee successful registration." Both trademark and patent applications are at risk, because the final approval is subject to the review decision of the State Intellectual Property Office. And some agencies promise that the pass rate is 100 percent or all are scams.

4. Lie about renewals. Deceiving the enterprise to take money for renewal when it is not time to renew. The validity period of the trademark is ten years, clearly has not expired then tell the enterprise that the trademark expires and needs to be renewed immediately, otherwise it will be fined thousands of yuan.

5. Disappear into thin air. There have been many such cases, the customer has paid the money, the information is ready, and found that the agency can not be contacted. Or receive money does not work, falsely claimed to have been submitted, a long time disappeared in the customer's contact range.

6, falsely claiming to be "a staff member of an authorized agency of the Market Supervision Administration." Under the banner of "market supervision Bureau", fraud is carried out against various market entities, requiring trademark and patent registration.

7, through a large number of mail trademark announcements and other documents fraudulently express fees. The trademark Office or the agency entrusted by the enterprise to mail the documents to the enterprise usually does not charge the Courier fee, so generally receive the Courier of the trademark patent that has not been communicated in advance, and the enterprise should choose to reject it.

Friendly reminder: China's trademark patent registration only two ways, one is self-registration,the second is to seek a regular agency（Shenzhen Trust）on behalf of the registration.Applying for trademark patent registration is the independent choice of enterprises, and the market supervision Administration will not force enterprises to apply for registered trademark patents, let alone solicit trademark patent registration agency business.

As early as February 2018, the Trademark Office website also published eight categories of agencies suspected of illegal acts

1. The relationship between false propaganda and the SAIC and the Trademark Office. The agency claims that it is approved by the Trademark Office, has long-term cooperation with the Trademark Office, has internal channels, and has general lawyers with the SAIC.

2. Forging false honors. The agency claimed that it was awarded the relevant honorary title by the Trademark Office, forged the trademark Office award, award, etc.

3. False promises. The agency promises that the applicant will pass 100% of the trademark application through its agent, or provide a contract.

4. False publicity registration procedures and cycles. The agency claims that its trademark application can be quickly accepted, examined, and obtained registration certificate.

5. Forging relevant documents and information. The agency falsifies information about the examination process of trademark applications to mislead trademark applicants. Forging documents, seals, etc., providing false materials to apply for trademark registration, division, transfer, etc.

6. Using other improper means to solicit business. The agency denigrates other agencies, exaggerates the success rate of trademark rejection review, and deceives the applicant to change the agency for review or litigation. Falsely claiming that the applicant's trademark has been registered in another class, inducing the trademark applicant to add another class of trademark application. Claims that it can deal with obstacles to prior rights claims through abnormal means. It claims to have early access to the results of trademark applications that have not yet been made public. The trademark of the fraudulent applicant shall be rejected, revoked or declared invalid.

7. Fictitious fee items. Under the guise of the trademark office, Collect "registration fee", "trademark application insurance fee", "trademark pre-protection fee", "registration certificate fee", "trademark domain name protection fee", "trademark copyright protection fee", "trademark online operation fee", "registered trademark registration fee", "registered trademark management fee", "online trademark display fee", "3.15 logo fee", "trademark annual maintenance fee", etc., in addition to the trademark application fee, Defrauding the applicant.

8. Gang fraud. Deceiving the applicant to accept the relevant trademark, arranging others to file a malicious application for cancellation, objection, invalidation, etc., and inducing the applicant to withdraw the relevant application after paying a high fee.

When choosing an agency, pay attention to the following points

Hope to help you!

1.Check whether the agency has the corresponding agent qualification. Patent agency qualification, trademark agency qualification, foreign patent agency qualification. The agent qualification can be queried through the website of the State Intellectual Property Office.

trademark agency qualification inquiry website:

http://wssq.sbj.cnipa.gov.cn:9080/tmsve/agentInfo_getAgentDljg.xhtml

patent agencyqualification inquiry website:

http://dlgl.cnipa.gov.cn/txnqueryAgencyOrg.do

2. Investigate the clients the agency has served and the results of the patents it has represented, focusing on the invention patent authorization rate it has represented.

3. Investigate the number of patent agents in the agency, and the agency with more than 20 agents has a medium scale and relatively stable business capacity.

4. Investigate the professional composition of the agency, the professionalism of the patent is relatively strong, if your company belongs to the biopharmaceutical, polymer materials, chemical environmental protection, machinery and equipment and other fields, priority to investigate the professional level of the agency in these fields.

Yongping county market supervision Administration

Source: Yongping County People's Government, State Intellectual Property Office

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