Recently, the China National Intellectual Property Administration made the first penalty decision to permanently stop accepting trademark agency business after institutional reform and reorganization, and permanently stopped accepting Shanghai Xuenai Trademark Office (General Partnership) (hereinafter referred to as Shanghai Xuenai) for trademark agency business.
It was found that Shanghai Xuenai, in order to solicit trademark agency business, used the original official document format of the Trademark Office, filled in false content, and added the red seal of the “Trademark Office of the State Administration for Industry and Commerce of the People’s Republic of China” at the end of the text. Altered 126 original trademark office documents in 8 categories, including "Notice of Trademark Renewal", "Notice of Defence of Trademark Review and Adjudication Cases," and "Notice of Rejection of Trademarks", among which 93 were forged official documents and the remaining 33 were altered official documents. 100 companies and 6 individuals were deceived to handle related trademark agency services and collected fees. The social impact was extremely bad. The Intellectual Property Office of Shanghai Pudong New Area fined the agency 100,000 yuan according to law, and warned and fined some of its business personnel according to law. The main responsible person is suspected of committing a crime and is transferred to the judicial organ for criminal responsibility.
After legal procedures, CNIPA decided to permanently stop in accordance with the provisions of Article 68 Paragraph 1 (1) of the Trademark Law, Article 68 Paragraph 2 and Article 90 of the "Regulations for the Implementation of the Trademark Law" Accept Shanghai Xuenai's trademark agency business and make an announcement on the government website. In the "Blue Sky" operation, the State Intellectual Property Office focused on key points and made precise efforts to increase the intensity of investigation and supervision of major cases, further highlight the deterrent effect of major cases, and form "general momentum, online strictness, and point The situation of comprehensive management of “upward force”. While strengthening the trademark agency for major illegal cases, the State Intellectual Property Office also screened more than 1,000 clues of suspected malicious trademark application agency behavior, forwarded 61 clues for trademark agency reports and complaints, handled 22 online complaints, and organized 24 provinces quickly More than 200 relevant trademark agencies were interviewed, 102 cases were filed for investigation, 48 administrative penalties were imposed, and some cases were fined 100,000 yuan.
