Trademark protection can also prevent unfair competitors such as counterfeiters from selling similar or distinctive products or services with similar distinctive signs. The following Xiaobian to introduce you, what are the common trademark traps?
Common trademark traps: falsely "agency""
"The specified that the State Administration for Industry and Commerce Bureau trademark agency" or "authorized by the State Administration for Industry and Commerce Trademark Agency" trademark agency many significant bit in its use of promotional materials, instruments, the rise of company website advertising signs, letters and other devices often labeled the "designated" or "authorized" two words. For common understanding, "specify" is: explicitly specifying, excluding others. Empowerment is the delegation of power to others or institutions. The purpose is obviously to show that only these trademark agencies are legal agencies that are legally appointed and authorized by the Trademark Office, while other trademark agencies are illegal and irregular. However, this "designation" and "licensing" is one of the pitfalls for these trademark agencies to cheat and deceive customers.
In fact, as early as 2001, the State Trademark Bureau has canceled the "designated agency", especially after 2003, the business sector and any legally registered in the State Trademark Bureau trademark agency filing can legally engage in trademark agency business. The original "trademark agency certificate" has long been a waste paper, only to prove the past history, and the current qualification does not make any sense. The Trademark Office "authorized" agency is the "fiction" It is sheer fiction. words, because since the day of birth of China's trademark agency, the Trademark Bureau also has never approved any authorization form a trademark agency on behalf of the Bureau of foreign affairs for trademark trademark. Although these conditions are well known in the trademark agency industry, most people outside the industry do not understand it and are therefore used as a cover for deception by some bad intentions. The real intention behind the "designation" and "authorization" is to cheat the customer's trust and deceive the customer into the door as a basic means of operation.
Beijing City Administration for Industry and Commerce Xicheng District branch in 2006 on misleading customers, promote their "Trademark Bureau designated agency" in Beijing in the same as the Intellectual Property Agency Ltd. made a fine of 200 thousand yuan administrative punishment (June 15, 2006 Chinese business news). A severe warning of such dishonest fraud.
The common trademark trap: lied about the trademark office"
Some of the trademark agency in contact with the client or business negotiations or that we often inform the applicant, and the "relationship" trademark office, the purpose is to let others think that because the company have a relationship with the Trademark Office, can provide convenient access to special trademark applications, trademark registration and so on can guarantee success. In fact, this is just one of the traditional patterns of deception that are common in everyday life. Chinese society, people used to use all kinds of traditional code of conduct, to provide convenient, in the close relationship between relatives and friends and colleagues are very common, but in the ordinary commercial exchanges, with the names for the publicity mostly with commercial fraud, such cases are not uncommon. In the trademark agency industry, it is not surprising that some trademark agencies may solve some difficult trademark cases through some relations. But such backroom transactions and covert operations are extremely secretive underground activities, and others are desperate to get high pay and are unable to see the light. And some of the most common application for trademark registration, a few hundred yuan in all small margin, how could to allow some officials risked legal risk as a slave, how could be used to show publicity as can be imagined?.
The Trademark Office trademark registration review, there were hundreds of examiners, distributed in five review, the corresponding review categories each review, each copy of the application for trademark registration in accordance with the review process are randomly assigned, after accepting the application from the at least one years time will be sent to the hands of the inspector for trademark registration each trademark review must go through multiple links each review the review and review. In addition, the Trademark Office has to adjust the changes irregularly to the examiner, and at last it is impossible to determine which trademark will be assigned to any examiner for review. Therefore, it is not easy to control the results of the review. Obviously, the propaganda of the trademark office as a backyard kitchen, which can be arbitrarily concocted, is no doubt a lie.
Common trademark traps: bragging about "successful package" and "refund without success""
To ensure the success of trademark registration as a commitment is a highly misleading deception. Objectively speaking, the application for trademark registration there are many uncertain factors in the review process, the first is to review the phenomenon of blind transfer in the second program; the difference and Trademark Office examiner subjective judgment in active review; once again, even through the active trademark examination, but in the passive announcement procedure examination in other prior rights and interests can also limit the trademark registration; and finally the Trademark Office review policy with the external environment change and adjustment, can register a few years ago can now be registered trademark is not equal to....... Wait。 To sum up, it is necessary to have the risk of trademark registration, but the risk is only the size.
In fact, the promise of "package success" is not true of these agencies