China Trademark Office Issues Notice Calling Public Attention to 8 Delinquent Behaviours of Some Trademark Agencies

The China Trademark Office (CTMO) of the State Administration for Industry and Commerce of China (SAIC) issued on 9 February 2018 a notice calling the general public's attention to certain delinquent behaviours of some trademark agencies which are in violation of the Chinese laws and regulations including the Trademark Law, Anti-Unfair Competition Law, and Advertising Law. The notice lists eight types of delinquent behaviours summed up by CTMO based on a number of complaints from enterprises or individuals in relation to the irresponsible behaviours of the entrusted trademark agencies.

 

The 8 types of delinquent behaviours mentioned in the CTMO notice are as follows:

1. Publicising falsified association with SAIC or CTMO;

2. Claiming fictitious honours and awards from CTMO;

3. Deluding the applicant with empty promises such as boasting a 100% success rate in trademark application;

4. Irresponsible advertising about the ability to get expedited acceptance and examination of trademark applications or grant of trademark registrations;

5. Forging CTMO documents and providing false information such as that relates to trademark application and examination procedures;

6. Soliciting business through other dishonest means, including defaming peer agencies; claiming unconventional means that can help overcome the obstacle of prior application; and deceiving the applicant that its trademark in application has been rejected, cancelled or invalidated;

7. Creating CTMO fee items other than the official trademark application fees, for instance, "trademark application insurance fee", "trademark registration certificate collection fee", "fee for protection of trademark in domain name" and "trademark online operation fee";

8. Gang swindling: On the one hand tricking the applicant into accepting the assignment of a trademark while concurrently arranging others to file malicious request for opposition, cancellation or invalidation of said trademark, so that the applicant is forced to withdraw its application for said trademark after paying substantial fee for the trademark assignment.

 

The notice also urges the public, if finding any violations of law by trademark agencies as mentioned above, to report the cases with relevant clue or evidence to CTMO or relevant local industry and commerce administrations so that the enforcement authorities may follow up with investigation of the cases.