General Administration Of Industry And Commerce: Before The End Of May, All Registered Trademarks Will Be Issued.
Due to the cumbersome procedures of the procurement process and poor connection between the departments, the delay in the issuance of the trademark registration certificate has brought inconvenience to the trademark registrant, and the General Administration of industry and Commerce apologizes.
At present, the supply of paper for trademark registration certificate has been in place. In March 28th, it began to print and distribute overtime work, and before the end of May, all the trademark registration certificates issued earlier were handed over to the registrants.
SAIC said that it would conscientiously sum up lessons, optimize processes, improve efficiency and eliminate such problems.
"Xiao Zhang, did you get the trademark registration certificate today?" in the past seven months, Mo Shi, who runs a trademark agency, has come to the office in the morning for the first thing to do, asking for staff members who are responsible for sending materials to the trademark office.
Once again, I heard the negative answer.
"Last August 7th, our office got the last batch of registration certificates.
From August 21st to now, a certificate has not been recovered from the trademark office when the registration notice expires.
The trademark office gave the statement that the printed paper was missing, so it could not be printed.
In recent years, with the increasing awareness of intellectual property protection, trademark registration has become a required course for Chinese enterprises and individuals to do business.
Because the general enterprises and individuals are not familiar with the trademark laws and regulations, and there is no professional channel to query whether the trademark they want to register is similar to the registered trademark, the trademark agency has gradually become the first choice for businessmen.
Xicheng District Tea Horse Street, near the Trademark Office of the State Administration for Industry and commerce, is the most widely distributed area of trademark agencies in China.
When he registered trademark registration for several famous enterprises, he was very confident in his professional degree.
However, because of this uncontrollable factor, she is faced with customers' queries every day.
"Yes, you have passed the examination and approval, but the registration certificate is not available. Can I call you when the registration card comes down?" when he sat down in his office, he received a call from a client and asked about the issue of the registration card.
"We are worried now.
Last August 21st to now, the trademark office did not give a certificate. "
According to China's trademark law and regulations, the application time of trademark application is generally 9 months. After the initial approval, there will be a 3 month notice period. The registration will be approved without registration, and the registration certificate will be delivered to the customer in one month.
In practice, this process is often delayed due to factors such as insufficient announcements and layout.
But since last August 21st, apart from the trade mark expired in June and July, the firm has never been able to get a registration certificate from the Trademark Office, which is not the case of an office in Mexico.
All agencies and individual applicants are unable to obtain the trademark registration certificate that should be registered after August 21st and after the notice is expired.
During the conversation, Mo received another phone call from a client.
"You haven't got it yet. Then you can't depend on me. Today we go to get the document, or a registration certificate.
I really don't know when to give it to the staff.
As for the reasons for not issuing the certificate, Mo repeatedly consulted the relevant departments of the Trademark Office, and also asked the internal news through friends. The answer is the same: there is no paper printed on the registration card, and it can not print out.
"This is not the responsibility of our office. This is the case all over the country. Whenever an organization can get a registration certificate, I dare to go to the Trademark Office to fight for you.
The problem is that we can't get it all over the country, do you know?
"Customers call me every day, because no registration card, Tmall, Jingdong let their goods shelves, shopping malls supermarket to see you, this registration card can not get old, let you directly collect stall.
People's pharmaceutical factory must have a registration certificate to go to the food and Drug Administration for approval.
There are also some lawsuits, there is no registration certificate, there is no basis for safeguarding rights. "
In Mexico, he found a customer's information displayed in the system to the Beijing evening news reporter.
Statistics show that the company applied for a registered trademark in December 28, 2013 and passed the preliminary examination in May 20, 2015. The August 21st announcement of the same year expired.
"You see, this notice period has already been completed, and it should be issued as early as possible.
Two days ago, they sent me a picture. The regional agents told them that if the registration card was not in place within 10 days, the supermarkets in the local shopping malls would have to complete their shelves and their agents would have to stop working with them.
"This notice was sent to me by the local agent."
Chen Xing (a pseudonym) is a salesperson of the company. "I am in charge of the business in Chongqing, Sichuan. I came back from Chengdu on the 18 day last month, and I talked with them about that.
After returning to confirm that the registration certificate has not come down, the agent issued the notice.
The company that Chen Xing serves is an old textile enterprise in Hebei province. Its business scope is all over the country.
Chen Xing told reporters that many agents in Sichuan and Chongqing, including those in charge of Sichuan and Chongqing, said that if they could not get the trademark registration certificate again, they would have to take off the products of their company.
"The loss is very huge. I also suggested to Mr. Mo, can we get a proof from the trademark office? After all, our trademark registration has been completed, but it is not printing out for the reason of the country."
Fortunately, the agent and Chen Xing service company have worked together for many years. After communicating with each other, they know the inside story, so now they have maintained the state of neither replenishment nor landing.
"If it causes us to suspend cooperation for more than ten years because of this matter, it is too worthless, so the agents are very considerate of us and try our best to help us communicate with merchants. But in the final analysis, the problem is still on our side. I really hope that the registration card will come down quickly and not too difficult for the partners."
Chen Xing said.
"Trademark registration certificate that paper, it is not ordinary paper, but similar to the renminbi, anti-counterfeiting function.
Recently, it may be a registration certificate that needs to be upgraded and new requirements for paper.
But we are also thinking, is purchasing really so difficult? Or is there any other problem? For example, the paper does not match the printer, or what is the problem with the information system? But these trademark offices have not been announced, and the public notice of the Trademark Office has not been seen on the website.
Mo said that she also asked the trademark office many times, only to know that there was a problem with the paper.
The Beijing evening news reporter came to the China Trademark Office to ask the staff of the name of the application to consult the window staff, but why the notice was expired without a registration certificate, and the staff asked the reporter when the notice expired. The reporter said it was August 21st.
"It hasn't been printed yet. The trademark office doesn't have that kind of paper now."
The staff explained, "since August and September last year, the registration certificate has not come down."
The Beijing evening news reporter inquired online in China's government procurement that the assets of the general office of the State Administration for Industry and Commerce in January 14, 2016 issued a "procurement notice for the purchase of trademark registration certificate", and purchased 3 million trademark registration certificates; in January 26, 2016, the procurement project was completed.
Now, is the paper in place now? The reporter called the project leader in the announcement of the paction. The person in charge said he was the agent of the government procurement center. He did not know the progress of the specific paction after the project was concluded, and the buyer should be consulted in the specific circumstances.
Reporters then called the procurement side of the General Administration of industry and Commerce Office of the assets of the telephone, the telephone staff said that the project leader is temporarily absent, unable to answer.
The reporter called the general office of the Trademark Office, and the staff said that the relevant business of the trademark registration certificate should be contacted with the trademark inspection cooperation center directly under the General Administration of industry and commerce, because the printing business was the responsibility of the center; the staff of the review and cooperation center indicated that the paper had just arrived on Monday March 28th, and now it has begun to print, but it is not clear when the specific time can be issued.
Yu Heng (a pseudonym) is a well-known law firm in Beijing.
intellectual property right
The lawyers, "we practitioners are very surprised. What time is this? Can there be such a situation that we do not give people a certificate for half a year because of the lack of paper?"
Yu Heng said that before the trademark office had been unable to query for half a year, "in the past six months, no trademark can be queried for anyone who has registered any trademark in the whole country."
Yu Heng told the Beijing evening news reporter that our country did not prohibit the failure.
Registered trademark
The sale of goods and even the protection of unregistered trademarks are becoming more and more serious. Why do stores and supermarkets have goods without a trademark registration certificate?
"It is not necessary to have registered trademarks to produce and sell, but shopping malls, supermarkets and other platforms will require merchants to register for evading their own risks. First, they should avoid accusing the outside world of their products without selling products and counterfeit goods. Two, in case an unregistered trademark infringes the rights of registered trademarks, the platform will be involved in disputes between the two sides."
Yu Heng said that this is a normal risk aversion behavior of platform enterprises.
In fact, trademark registration certificate is more important because it is an important basis for trademark rights protection.
Yu Heng introduced that there are two ways to protect trademark rights in China: administrative channels and judicial channels. The former refers to complaints to local industrial and commercial administrative departments and public security bureaus. The latter is to sue other people for infringement of their trademark rights, but no matter which one is inseparable from the trademark registration certificate.
Yu Heng told the Beijing evening news reporter: "if there is no evidence, I go to the local industry and Commerce Bureau to complain about others infringing on me.
Trademark right
But because the Trademark Office has no paper, I can't get the registration card now. Most places will be dogmatic. Let's wait for the card to issue a complaint.
But safeguarding rights may be imminent. I have been making trademark rights protection for many years, and in many cases, evidence must be submitted in two or three days.
Now the Trademark Office's behavior can be said to have a very serious impact on the brand protection of enterprises.
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