CHINESE
ENGLISH
On June 8th, COTTON, deputy commissioner of the US Patent Trademark (USPTO) responsible for trademark policy affairs, issued \u0026 ldquo; Order to show cause \u0026 rdquo; The actions of a large number of US trademarks submitted by the company, especially the acts involving third -party signatures to provide false, fiction and fraud information, asking the company to propose reasonable reasons, and in the afternoon of June 22, Eastern Time, Eastern Time time Reply before 5:00. Otherwise, USPTO will sanction.
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uspto lists six measures that may be sanctions:
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(1) Permanently prohibits you from submit trademark -related documents on behalf of yourself or others; (2) Refusal or not for all trademark related documents submitted by you or your employees Consider;
(3) In all applications and/or registration, delete information related to your employee from the USPTO database;
(4) remind the chief information officer office of the US General Administration of Post The U.S. General Administration of Postal General Administration related to your or your employees, and take all reasonable measures to prevent you or your employees from creating or activating more accounts;
(5) Termination of materials containing you or your employees submitted All procedures are being carried out;
(6) Continue to delete documents, delete information, discontinue accounts, and terminate lawsuits containing subsequent files contained in you or your employees.
\u0026 nbsp; (3) In all applications and/or registration, delete information related to your employee from the USPTO database;
(4) remind the chief information officer office of the US General Administration of Post The U.S. General Administration of Postal General Administration related to your or your employees, and take all reasonable measures to prevent you or your employees from creating or activating more accounts;
(5) Termination of materials containing you or your employees submitted All procedures are being carried out;
(6) Continue to delete documents, delete information, discontinue accounts, and terminate lawsuits containing subsequent files contained in you or your employees.
It is not difficult to find the sanctions given from USPTO. For statements, the relevant agencies and personnel will enter the USPTO sanctions \u0026 ldquo; entity list \u0026 rdquo;, in the future, it may face all agency behaviors in the United States.
\u0026 nbsp; How did USPTO discover that there are non -normal trademark applications in China and related companies?
\u0026 nbsp; In this letter, COTTON also gives some evidence and guess of the abnormal operation of Chinese companies in the US trademark application in USPTO Reason:
\u0026 nbsp; (1) Enterprise self -propaganda and evidence collection and questioning of trademark agency qualifications
According to US law, only in the Supreme Court or in the Supreme Court or The lawyer of a lawyer association in the jurisdiction of the jurisdiction can represent other people engaged in patent trademark affairs on USPTO.
\u0026 nbsp; uspto found that from 2016-1019, there were dozens of application communication fields appearing \u0026 ldquo; yusha *** \u0026 rdquo; And related email addresses, these applications are said to be submitted by applicants for different majors (no agents).
\u0026 nbsp; In the letter, USPTO pointed out that the Chinese company headquartered in Shenzhen on its website \u0026 ldquo; boasting \u0026 rdquo; Multiple foreign trademark applications, including applications in the United States. These include photos and introductions of the two logo as American patent lawyers, but USPTO does not know any US trademark application or registration lists email address related to the company.
\u0026 nbsp; In fact, USPTO could not find any information indicating that the company or any employee is qualified to engage in trademark affairs in USPTO.
\u0026 nbsp; and from 2016 to 2019, the existing information shows that the company's representatives have suggested that customers consider submitting trademark applications and other other US Patent Trademark Office and other other. Documents, preparations and prosecution for trademark registration, arguments and amendments to prepare and submit trademark matters, and communicate on behalf of the customer on behalf of the customer. When the non -lawyer is completed on behalf of the third party, each of these actions constitutes unauthorized legal behavior that violates the rules of the US Patent and Trademark Office. After the USPTO implemented the US legal adviser rules on August 3, 2019, after the USPTO's foreign registered trademark applicant was required to be represented by a lawyer who obtained the license to the United States, the company's employees violated the rule and continued to violate other USPTO's other USPTO The rules include concealing the company's employees to participate in the prosecution process.
\u0026 nbsp; (2) The company and the representative should enter the signatures of others in incorrectly in the trademark submitted by the USPTO Information is responsible for
The implementation of the \"U.S. Legal Consultant Rules\" prohibits foreign filing companies as communication agencies.Lawyers' representatives who practice in the United States in order to submit all applications to USPTO. However, USPTO has evidence that the company and employees continue to practice in the office and conspire with others to avoid the signatures of others and provide false, fiction and/or fraud in trademark applications to avoid the rules of USPTO. Essence
\u0026 nbsp; The implementation of the \"U.S. Legal Consultant Rules\" prohibits foreign filing companies as communication agencies.Lawyers' representatives who practice in the United States in order to submit all applications to USPTO. However, USPTO has evidence that the company and employees continue to practice in the office and conspire with others to avoid the signatures of others and provide false, fiction and/or fraud in trademark applications to avoid the rules of USPTO. Essence
Since last year, users must register and use the MyUSPTO account to access the electronic table, and submit trademarks through trademark electronic application system (\u0026 ldquo; Teas \u0026 rdquo;) document. The company's name appears in the registration of three different \u0026 ldquo; my US postal \u0026 rdquo; Email address. The office records show that the company's account is responsible for the submission of more than 8,000 unreasonable trademark applications, and the user of the account has submitted a modification and response document in more trademark applications and registration records, but the representative is not a lawyer, but also No right to submit trademarks on behalf of others.
\u0026 nbsp; Information submitted from the MyUSPTO account shows that the same person or entity is using these accounts to enter the signatures of others. Although these documents are usually signed by the applicant or lawyer directly on the electronic meter, the submitted documents are often submitted quickly and continuously, and they are signed by different individuals in different geographical areas. The company and employees must enter the electronic signature of others on the Teas table.
\u0026 nbsp; For example, within an hour at 2:29 on May 14, 2021, the MyUSPTO account is responsible for submitting four new Teas Plus applications A response to the office operations with Wufen has a statement each, and a total of seven different signatures are determined.
\u0026 nbsp; (See Chinese translation determined by Wenwei)
\u0026 nbsp; ] The applicants in these examples have the address of the residence and New York in different geographical places in China. It is incredible that every signature of thousands of miles apart in person at the same time enter the electronic signature on these Teas tables at the same time. \u0026 nbsp;
In addition, USPTO also needs to applicants and American lawyersAt the same time, the signature situation questioned that Chinese applicants from 12,700 miles and lawyers in New York completed the signature of the same page in less than half a month. USPTO questioned it. \u0026 nbsp;
and other USPTOs believe that false residence information is considered. For details, please refer to the description of the Chinese translation of Wenwei. \u0026 nbsp;
Why did uspto suddenly verify the legal source of Chinese trademark patent applications?
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An important reason is that the number of Chinese trademark patent applications has quickly become the main source of USPTO acceptance in the past two years. \u0026 nbsp;
According to a US agency statistics, the number of US trademark applications in 2021 increased by 58%compared with 2020, mainly due to the index level of China's patent application volume The growth of China this year is increasing at a rate of 350%. It has accounted for 1/4 of the total US trademark applications. In the same period, the number of trademark applications for US applicants increased by only 24%. This direct result is the backlog of USPTO trademark review, and the trademark authorization cycle becomes longer. \u0026 nbsp;
\u0026 nbsp ; In fact, for China's phenomenon and trademarks that have increased abnormally in recent years, USPTO has been continuing to pay attention, and in the early January of this year, the USPTO was released in the last week of the Trump administration. \"China Patent and Trademark: The Effects of Non -Marketing Factors on the Registration Trends of Intellectual Property Systems\".
Among them, the application of the rapid growth of Chinese applicants in the United States in recent years has been analyzed. The trademark data quoted when the influence of China was \u0026 ldquo; from 5161 in 2014 to 54064 \u0026 rdquo; In fact, more revised data is more than at the hearing. Especially the figure above shows that by April 2021, there are more than 21,000 trademark applications from
in China .
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\u0026 nbsp; The reason for the rapid growth of trademarks from China in this report into government funding Shenzhen's approach.
\u0026 nbsp; Therefore, it is not surprising that USPTO issued a sanctions notice to this Shenzhen intellectual property company.
Due to the situation of \u0026 ldquo; Shenzhen \u0026 rdquo;, it was actually stared at by USPTO .
\u0026 nbsp; This time the question of this Shenzhen company finally converted into a real sanctions, and it remains to be stateed at the prescribed time, of which of which It is unknown whether there is a place where the USPTO is subject to the error, and it is necessary to continue to observe follow -up.
Will there be more Shenzhen intellectual property agencies sanctioned by UPSTO in the future, and will even involve intellectual property agencies in other cities, This possibility cannot be ruled out.
From this uspto letter, you can also see that the United States can quote the law and the problem of similar \u0026 ldquo; integrity \u0026 rdquo; Regulations. In this letter, Cotton quoted the \"American Code\", \"Trademark Law\", \"Federal Regulations\", \"Compilation of Federal Jurisdiction\", \"US Legal Consultant Rules\", \"US Patent Trademark Office Rules\", etc.
In the context of the current Sino -US confrontation, this incident seemed particularly attractive. This is also the field of intellectual property, and US government agencies have begun to start using sanctions on Chinese institutions or individuals.
With the zero tolerance of government agencies between China and the United States for \u0026 ldquo; non -normal application \u0026 rdquo; tolerance, I hope to go to the fire \u0026 rdquo;Let the application reflect just need.
Only the exposureThe transformation plan continues to maintain high -quality development.
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