When The Registered Trademark Is Encountered By The Public, The Agencies Are Linked Together.

Core tip: Recently, some trademark applicants in our city have encountered the "chain plan" of the agencies when they registered their trademarks.

Today, with the increasing number of business operators applying for registered trademarks, some agencies are using the various means to blackmail deception by using all kinds of means.

Guilin life online news (Guilin evening news reporter Yang Yan correspondent Gu Yue Zhou Hui) today, with the increasing awareness of intellectual property rights, application for trademark registration has become an important way for many enterprises to seek development.

However, at present, the market of trademark agencies is mixed up. Recently, some trademark applicants in our city have encountered the "chain plan" of the agencies when they registered their trademarks.

Deception 1: to spend "put" tort litigation

Mr. Zhang has run an agricultural and sideline product company in Lingui. He is ready to apply for a registered trademark for the development of the company.

In September last year, Mr. Zhang chose an intellectual property agency in Nanning through online enquiries.

The two sides signed a trademark registration contract through telephone, network and fax communication.

Mr. Zhang, in accordance with the contract, remitted the agency fee to the other party for 3000 yuan.

A month later, Mr. Zhang suddenly received a call from Liuzhou.

The other party claims to be surnamed Li, who is engaged in agricultural and sideline products sales in Liuzhou.

Li said that Mr. Zhang's trademark "green wind" has been used for many years and has been registered in Guangxi Intellectual Property Office.

If Mr. Zhang wants to apply for registration of the trademark, he will appeal to the court on the grounds of malicious registration and claim 100 thousand yuan.

Mr. Zhang is busy with his agent.

A manager of the acting company said Li said it was true, but as long as Mr. Zhang paid another 5000 yuan, the agent could cancel the copyright registration.

Mr. Zhang thinks there is something fishy to the Lingui industry and Commerce Bureau.

Investigation by law enforcement officers found that the Guangxi Intellectual Property Office did not have the copyright registration of the "green wind" pattern, and Li, who was the operator of the agricultural and sideline products business in Liuzhou, did not check this person.

Originally, Lee was only a "child care company" in Nanning's agency. The company played the "double spring" with the "child care", the purpose was to cheat money.

Subsequently, the Lingui Bureau of industry and commerce, through contacts with the Nanning Municipal Industrial and commercial department, helped Mr. Zhang terminate the commission contract with an intellectual property agency in Nanning and refund all the agency fees. Meanwhile, the Nanning Municipal Industrial and commercial department also put the case on record.

Fraud 2: pay the "rush fee" for priority.

Mr. Tang, who has been engaged in rice processing and marketing, has recently encountered the fraud of agency.

Mr. Tang has been engaged in rice processing and marketing in Guilin since 2010, and his rice processing company has gained popularity in the industry.

In mid April 2015, Mr. Tang received a registered letter from a trademark agency in Guilin. The letter said, "someone is trying to rush the name of your company into a registered trademark. Once registered, it will have adverse effects on the business activities of your business."

In the letter, the company claims to be the authorized unit of the State Trademark Office, or is directly affiliated to the trademark registration center of the Guilin industry and Commerce Bureau.

After reading the letter, Mr. Tang was in a hurry and hurried to contact with the other party.

The other party first raised the serious consequences of a "scramble" incident, and proposed that he could rush to deal with the protective trademark registration for Mr. Tang. He could get a trademark registration certificate in 8 months before the company was robbed, and the cost of processing was 6000 yuan.

Mr. Tang thought twice after that it was feasible, so he commissioned the company to act as a trademark registrant.

But in February of this year, Mr. Tang still did not get the trademark registration certificate.

The trademark agency replied that at present, there are too many applications for trademark registration. If we want to get a trade mark license as early as possible, we can make "urgent registration" through the relationship, but it will cost another 3000 yuan.

After knowing the situation, the industrial and commercial law enforcement officers immediately noticed the flaw. The so-called "authorized unit of the State Trademark Office" was basically empty because the trademark office never used the "trademark office".

"The form has been approved by any trademark agency, and the" direct agency of the Trademark Office of the Guilin trade and Industry Bureau "is also a cover for deceit.

In addition, when a trademark is registered, the normal procedure will take about 12 months to go down, less than 10 months.

The industry and Commerce Department subsequently instructed the agency to terminate the agency contract with Mr. Tang and refund all the processing fees.

The matter is still under investigation.

Industry and Commerce: choice

mind the step

Today, with the application of business operators, the relevant person in charge of Commerce and Industry Bureau of the city commerce and Industry Bureau said that

More and more, some agencies take advantage of the lack of professional knowledge and fear of causing trouble, and it is not uncommon to blackmail deception by various means. Therefore, when applying for trademark registration, companies must choose their agencies to stare at their eyes.

It is reported that at present, some agencies have tricks to cheat money. There are usually several kinds of tricks. One is to pretend that the trademark has been grabbed by others, so that money can be settled. Two, it is required that enterprises should pay urgent fees to shorten the registration time; in addition, it is even more falsely claimed that the national trademark office or the local industrial and commercial bureau's registration center, the staff directly under the agency, require the enterprise to apply for trademark registration and so on.

These are not consistent with the relevant laws and regulations, the applicant once encountered similar statements, it is necessary to leave a heart.

"For the client, it is recommended that when selecting trademark agents, we must know whether the agency has the right to operate legally or register the China Trademark network, and give priority to the members of the Trademark Association of China Trademark Association, a reputable and highly service member.

After signing the entrustment contract with the entrusted trademark agency, we should pay attention to obtaining and retaining all kinds of original invoices, such as invoices, so as to better protect their rights and interests when disputes arise.

The person in charge said.

If the agency receives the money, it will not work. Can the enterprise only admit that it is bad luck? The relevant person in charge of the industry and Commerce Bureau said that the newly amended trademark law endows the local industry and Commerce Administration with regulatory power, and the illegal agent can be fined more than ten thousand yuan or less than one hundred thousand yuan. The responsible person in charge and other persons directly responsible shall be given a warning, and a fine of more than five thousand yuan and fifty thousand yuan shall be imposed.

If the trademark rights holders and interested parties of a large number of enterprises find their agents infringe their rights, they can handle their rights through complaints to the local administrative departments for Industry and commerce.