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Shijiazhuang Reappears Trademark Registration "Chain Plan"

2014/4/14 20:04:00 24

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Shijiazhuang Trademark Registration Registration System

November 2013, we have reported on the "a href=" http://www.91se91.com/news/index_c.asp "trademark" /a "registration fraud.

Recently, another Shijiazhuang citizen and a Xingtai citizen fell into the same trap.

Experts remind us to recognize the qualification of agents and guard against being cheated.

Event .

strange phone trap trap > /strong > /p >

Mr. P runs a die casting plant and has his own product website.

In the second half of 2013, he frequently received a phone call to ask whether he had registered a trademark.

At 10 this March 12th, Mr. Duan received a phone call from a Shijiazhuang agency, saying that his company's name had been protected by the agency and asked if he had registered a trademark.

Mr. Duan has no intention of "a href=" http://www.91se91.com/news/index_c.asp > registered trademark < /a >, so refuse it decisively.

Two hours later, he received a call for the Shandong area. The other party swore at Mr. Duan to protect his trademark and asked Mr. Duan to withdraw, and he said he would prosecute him otherwise.

3 hours later, Mr. Duan also received a call from a staff member claiming to be a Beijing trademark office. He said someone complained that he had infringed the trademark copyright: "if the registration is not done before 18, the trademark will be gone."

An hour later, P contacted Mr. Duan's agent and called to ask if he wanted to register a trademark.

Mr. Duan was worried that the trademark was preempted by others.

According to the telephone prompts of the agency, Mr. Duan put 2400 yuan into his bank account in the afternoon.

Mr. P received a call from Shandong for more than second days. The other party asked him to cancel the registered trademark, otherwise he would directly apply for copyright registration and prosecute him for infringement.

Mr. Duan then consulted the agency about the relationship between trademark registration and copyright registration. The agent said that after the copyright registration, it was equivalent to the default of the registered trademark, which could protect the copyright of the trademark.

So Mr. Duan also gave the agency an amount of $12800 and commissioned him to handle the copyright registration business.

The two sides signed the contract by fax.

The contract says that the trademark registration certificate will be applied within one month, and the copyright registration certificate will come down within 3 months.

After P, Mr. Duan never received any phone calls or infringing telephone calls from any trademark registration agency.

But he felt something fishy. He found an agent company asking for a refund. The agent said he was applying for trademark registration and could not refund.

similar deception has been staged many times .

recently, Mr. Liu (alias) of Xingtai also said that he had encountered a similar situation. The agencies involved and Mr. Duan met the same family.

In April 10th, when Mr. Liu received a number of calls from the agency, he paid 16000 yuan to the agency. After that, he was deceived. He came to Shijiazhuang second days to find the a href= "http://www.91se91.com/news/index_c.asp" > Agency > /a >, asking for a refund.

"At the very beginning, the agency did not recognize the facts at all." Mr. Liu made a statement to him that if he did not return the money, he would call the police. "The company said it could withdraw money from the Department, but it had to sign a confidentiality agreement with it, otherwise it would not be withdrawn."

Mr. Liu said that the agreement stipulates that Mr. Liu must ensure that the third party can not know the matter. Otherwise, Mr. Liu will have to pay a liquidated damages of 200 thousand yuan to the agency.

expert /p >

trademark registration and copyright registration independently

will the trademark registration be registered after the copyright registration? What is the relationship between the two? The reporter consulted the director of the Hebei Trademark Association's Expert Committee on this issue.

director Li said that both the trademark registration and the copyright registration take the priority of the application date as the standard.

If there are two or more applicants for registration of the same or similar commodities, who will apply for registration first and who will register the trademark first, with the date of application of the registered trademark as the date of application, and who will first apply for the registration. Two.

If the application date is the same, who will use the trademark first and who will register first?

If the application is made on the same date, and the applicant is unable to give priority to the use of the trademark certificate, the Trademark Office will draw lots, and the applicant will toss the dice to decide the order of balloting. The notary office will notarization and decide the final applicant for trademark registration.

for Mr. Duan's situation, director Li said that trademark registration and copyright registration are independent.

Different applicants can apply for registration of trademarks and copyrights on the same text and figure without conflict and contradiction.

If a person disagrees, he may raise objections to the trademark office.

director Li said that because of the complexity of trademark registration procedures, many applicants have found agencies to apply for trademark registration. Therefore, many agencies have sprung up and have different levels. This reminds the general public to recognize the qualification of agencies and guard against being cheated.

lawyer .

a year received dozens of similar cases /p >

then the reporter contacted Zhao Hu lawyer of Dongyi law office in Beijing.

Zhao Hu said his office had received dozens of similar cases in one year, and it could be concluded that it was a premeditated Gang fraud involving Beijing, Shandong and Shijiazhuang.

Zhao Hu told reporters that according to the sixth provision of the regulations on the implementation of the copyright law of the People's Republic of China, copyright has copyright since the date of completion of the work.

"The registration of trademark rights will not affect the registration of trademarks. The Beijing trademark office is a passive business and will not actively contact the applicant for trademark registration."

Zhao Hu said, "after the application for trademark registration is submitted, the applicant can only receive the trademark acceptance notice of the Trademark Office within one month. The registration application may not be approved, the process is cumbersome, and it is impossible to receive a trademark registration certificate a month."

Zhao Hu suggested that the litigants should be promptly reported after being cheated, and the applicants for trademark registration should consult the senior lawyers in the industry and consult for advice before handling the business.

for Mr. Liu's situation, Guo Huiguang of Hebei Shuren law firm believes that the "confidentiality agreement" signed between the agency and Mr. Liu is invalid because the agreement is intended to cover up the facts of the agency's crime.

"The agency has defrauded the victim, which constitutes a criminal offence in itself. It is invalid to sign a confidentiality agreement covering the facts of the crime on the basis of the law."

police /p >

immediately after the discovery of the report, /p >

Li P, a police officer in the command center of Shijiazhuang Public Security Bureau, reminded the public that after receiving a call from the agent company, they should first verify the authenticity of the agency by the local industry and Commerce Bureau.

If deceived, the parties should report to the local police station in time, explain the incident to the local police, assist the police in investigating and collecting evidence, and catch criminals at an early date.