How To Do A Good Job In The Supervision Of Trademark Registration Agencies
As of the end of September 2015, there were 4288 trademark agencies in Beijing, of which 660 were added in 2015.
The rapid increase in the number of trademark agencies marks the vigorous development of the trademark agency industry, but to a certain extent, it has created a mixed situation in the whole industry.
Some illegal acts such as surrogate agents, fraudulent agents, fraudulent agents, "purse" agents and remote agents have been banned and disrupted the market order of the trademark agency industry.
In response to this, the Beijing Municipal Industry and Commerce Bureau, in line with the actual situation of its jurisdiction, has constantly intensified its supervision over trademark agencies, and has severely investigated and dealt with unfair competition behaviors that disrupt the order of the agent market and harm the public interest. It has explored the establishment of a long-term management mechanism for trademark agencies and a fair and orderly market environment for trademark agents.
Beijing city commerce and Industry Bureau relies on the mature grid supervision mechanism to put the trademark agency into the daily supervision scope.
In addition to carrying out preliminary verification, routine inspections and special inspections for agencies, the grid responsible persons also conduct irregular follow-up visits to agencies, understand other aspects of development and policy requirements, and timely feedback reports, so as to provide a solid guarantee for more targeted and professional management.
Combined with the supervision of e-commerce, the Beijing industry and Commerce Bureau inspected the self organizing websites of trademark agency organizations, and promptly standardized or investigated the existing problems.
In recent years, the Bureau has punished Beijing's strength International Intellectual Property Agency Co., Ltd. and many other institutions' websites for false propaganda. It has rectified the network non-standard business practices of many companies such as Everbright Zheng Xin (Beijing) Trademark Agency Co., Ltd., and put them on the list of key regulatory enterprises.
To this end, Beijing Municipal Bureau of industry and Commerce adhere to the supervision and service, through regular visits, publicity recommendations, special discussions and other ways to understand the difficulties and problems encountered by the agency in the process of management and development, and continue to improve relevant measures, provide more needle to sex service, in the initial state of business management, to standardize its operation behavior, to ensure its healthy development.
In order to further solve the problems such as the existence of no unified text, the simple content of the homemade text, the irregular usage of the format clauses, and the unauthorized commitment to the entrusted matters, the bureau also promotes the use of the "model Commission for trademark agency agreement", which reduces contract disputes and defies the entrustment risks from the source.
On the basis of the analysis of the daily supervision of the agencies in the District, the Beijing industry and Commerce Bureau consulted the industry organizations' opinions and suggestions, and incorporated the trademarks of a number of trademark agency agencies with a certain reputation and influence in the intellectual property service industry into the "famous brand cultivation database of Beijing", focusing on the cultivation of a number of trademark agency brands.
In recent years, the Trademark Office of Wan Hui Da, Zhong Bei, Dong Ling Tong, Ji Jia and other trademark agencies has successfully cultivated the trademark of the trademark agency of the trademark agency as "the famous trademark of Beijing".
Next, it will continue to strengthen the cultivation of trademark agency brand and strive to build more brands.
With the rapid growth of the number of trademark agencies, various illegal and illegal problems have become increasingly apparent.
The Beijing Municipal Industry and Commerce Bureau has insisted that special rectification be taken as a strong support to eliminate the solid tumor and stubborn diseases in the industry, eliminate the key problems and eliminate the general problems regularly.
The key issues identified in the past special rectification will be included in the key points of routine supervision, and the situation of serious violation of laws and regulations should be kept under high pressure and severe attack, so as to prevent the resurgence of the largest extent.
In addition, the Beijing industrial and commercial bureau has established the jurisdiction trademark.
Agency
In connection with the directory, the basic situation of the trademark agency, such as the agent brand and agent of the trademark agency engaged in trademark infringement complaint agency, is collected in detail, so that the trademark owner can identify the suspected infringing goods for the first time in investigating the trademark infringement cases.
At the same time, a reference learning mechanism was established between the sub bureaus of Beijing industrial and commercial bureau and the large trademark agency, and many times the professional staff of trademark agency were invited to participate in lectures on trademark expertise.
Through a series of regulatory measures, Beijing industrial and commercial bureau has achieved certain results in maintaining the order of trademark agency market and promoting the development of trademark agency industry.
But with the new "
Trademark law
How to apply new laws and regulations and strengthen the supervision of trademark agencies in the new situation has become a difficult problem before the Beijing Municipal Bureau of Commerce and industry.
Through continuous exploration and research, the Bureau advocates improving the supervision of trademark agencies from three aspects:
Record the training of trademark agencies and personnel.
The special inspection of trademark agencies shall be carried out at irregular intervals, archives of agency agencies shall be established, guidance for agencies and training of professional skills of agents shall be strengthened, and trademark law service personnel shall be able to familiarize themselves with and correctly apply trademark laws through training, and
Train
After that, the trainees are registered as a qualification certificate.
Strengthen the daily supervision of agencies.
As the basis and important part of the main body of industrial and commercial administrative law enforcement, the grass-roots industrial and commercial offices are in the front line of the administrative law enforcement of industry and commerce, directly facing the vast number of operators and consumers, and can discover and investigate violations of trademark agency in time, which is conducive to the regulatory functions in place.
Therefore, we should make full use of the characteristics of the grass-roots industrial and commercial offices, and supervise the trademark agencies through the industrial and commercial offices.
According to the grid division of the area under the jurisdiction of the industrial and commercial area, each agency is located in different grids. The grid is assigned to each supervisor as the responsibility area, and they are dynamically managed by the trademark agency in the responsible area. At the same time, the daily supervision and key regulation are combined to severely crack down on the black agent, and regulate the illegal activities of the trademark agency.
We should strengthen credit supervision over agencies and establish credit archives for trademark agencies and personnel.
In the process of trademark agency, trademark agents should strictly abide by customer secrets, regulate agency behavior and continuously enhance their reputation.
Therefore, in combination with the establishment of the trademark agency's filing system, the trademark agency credit warning system should be implemented, that is, relying on archives, combined with the daily management of the grid, and using the credit supervision system of enterprises or the exposure form of news media to promote the construction of enterprise credit.
Specifically, on the one hand, the Trademark Association recommends excellent agent enterprises to publicize the society; on the other hand, the dishonest enterprises take punitive measures to stop accepting the trademark business for one, two or three years, and provide all the information packages to the public to publicize the good behavior and bad behavior of the enterprise.
At the same time, we should use rewards and punishments mechanism to discredit enterprises and punish enterprises that violate the principles of credit, encourage and support enterprises with good credit, and truly play the role of "protecting legality and warning illegal" so as to achieve the purpose of enterprise credit management and promote the benign development of trademark agency industry.
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