In recent years, with the rapid development of the trademark agency industry, some trademark agents have used some illegal means to solicit business in other agency companies in pursuit of high profits. Now we will analyze some illegal cases of trademark agency in order to serve as a warning.
1. Call or send a fax to the company, and use the company name to confuse the trademark with false propaganda to solicit business
Case: In order to solicit trademark agency business, the Shanghai branch of a Beijing company collected information about the company in advance and falsely stated in the fax sent to the company that a third-party company was entrusting the victim company to apply for registration. Trademark, and then induce the victim enterprise to entrust it to register the trademark as an agent. This behavior constitutes an illegal act of false advertising. The Shanghai Municipal Administration for Industry and Commerce imposed a fine of 180,000 yuan in accordance with the law.
Lawyer’s comment: The font size and trademark of a company name are both intellectual property rights. They are both different and related. Generally speaking, the font size and trademark of a company name should be consistent. , but not all corporate names need to be protected by trademark registration. It is illegal to fabricate corporate names or copyright facts to mislead companies to register trademarks.
2. External publicity to solicit business in the name of "Designated Agency of the Trademark Office of the State Administration for Industry and Commerce"
Case: In order to solicit business, a company in Beijing printed the words "Designated Agency of the Trademark Office of the State Administration for Industry and Commerce" on the letterhead of various self-made documents and materials such as the "Notice of Acceptance" it used, and at the same time on its website Promote on the website "Our company is the designated agency of the Trademark Office of the State Administration for Industry and Commerce", and in the name of "The designated agency of the Trademark Office of the State Administration for Industry and Commerce" on the website of the Trademark Data Center operated by the company. This behavior constitutes an illegal act of false advertising. The Beijing Municipal Administration for Industry and Commerce imposed a fine of 200,000 yuan in accordance with the law.
Lawyer’s comment: Currently, engaging in trademark agency business only requires registration with the local industrial and commercial authorities and filing with the Trademark Office of the State Administration for Industry and Commerce. The so-called “designated agency of the Trademark Office of the State Administration for Industry and Commerce” is afalse promotion.
3. Confusing trademark approval and registration with trademark acceptance application, and soliciting business with false and unrealistic promises
Case: The staff of the Qingdao branch of a Beijing company verbally promised "a full refund if the trademark registration is unsuccessful" when contacting the business, and "the company and the Trademark Office have reached a long-term cooperation agreement, and the trademark registration success rate has reached 98%." . "The agency contract is made in triplicate, with one copy each for the client, the head office, and the Trademark Office." This behavior constitutes an illegal act of false advertising. fined 30,000 yuan by Qingdao Industrial and Commercial Bureau.
Lawyer’s comment: Trademark registration requires strict formal review and substantive review. Some trademark agencies verbally promise to ensure successful trademark registration, but the actual contract signed is that the trademark registration will be accepted.
4. Using the website to conduct false and exaggerated publicity about the company to solicit business
Case: A company The website claims that "most of the entrepreneurs are from the industrial and commercial bureaus and intellectual property offices, leading cadres and young and middle-aged backbones with rich experience in trademark and patent affairs management", "it has dozens of lawyers, trademark and patent agents and art designers", etc. After verification, the above contents were all exaggerated and false propaganda, and their actions constituted illegal acts of false propaganda. Was fined 30,000 yuan.
Lawyer's comment: The company's website promotion should be true and legal, the data used should be true and accurate, and exaggerated and false propaganda to solicit business is not allowed.
5. A foreign trademark agency used the name of a branch to conduct illegal operations
Case: A certain person in Jinan Without obtaining a business license, the company rented space in Qingdao City to carry out trademark agency business. It claimed that it was the "Qingdao Branch of a company in Jinan" through printed desk calendars, website recruitment information, etc., and marked it on employee business cards and work badges. "Qingdao Branch of a Jinan Company" constituted an illegal act of falsely using the name of a branch and was fined 50,000 yuan.
Lawyer’s comment: If a foreign trademark agency conducts business activities in Qingdao, it must register and establish a company or office in accordance with the law before it can conduct business activities. Otherwise, it will constitute an unlicensed operation. It is illegal to operate or falsely use the name of a branch.
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