False address and false lawyer, 15,000 American trademarks were cancelled, and the seller suffered a great loss (attached list)

2022-11-21
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Author:Blue Ocean Yiguan
Source: egainnews

Recently, an intellectual property company in Shenzhen was "sold in one pot" by the United States Trademark Officefifteen thousandMultiple trademarksWas logged off.
The seller friends in the US station should check whether their trademarks have been cancelled(The background of the official account of the Blue Ocean Yiguan website replied to the "list" to obtain a complete list of trademarks involved).
The United States Patent and Trademark Office issued an announcement on the official website of USPTO, which includesIllegal agency, proxy signing application, providing false address, sharing application accountAnd other violations, announced the final verdict.
Seagoing Information false address false lawyer, 15000 American trademarks were cancelled, and the seller suffered a large loss (attached list)
As early as June 8 this year, the United States Patent Office launched a "Show Cause Order", commonly known as the "Query Order", against "Yusha Zhang" and her Shenzhen Huayee Intellectual Property Co., Ltd.
The main reasons for inquiry are as follows:
● Ms. Zhang and Shenzhen Huanyee (hereinafter referred to as the respondent),Without the qualification of an American lawyer,Doing trademark application and related consulting for others (illegal);
● Existence of the respondent“Provide false address information "The main behavior of is to use a false address when registering a trademark to avoid the review of relevant departments, and one address has appeared on multiple trademark application information from different companies;
● The name "Ms. Zhang" appears on the trademark application information of different companies for many times;
● TEAS system, which is only for personal use, is used by the litigant for many times to help others apply for trademarks.
Recently, the United States Patent and Trademark Office finally announced the "Final Decision", "FINAL ORDER FOR SANCTIONS".
According to this sanction order, the respondent "Ms. Zhang" and her Shenzhen HuanyeeAllRegistered trademark,Will be deleted.
Cross border sea going fake address fake lawyer, 15000 US trademarks were cancelled, and the seller suffered a large loss (attached list)
Specific punishment measures include:
1. Permanently disable the account of the United States Patent and Trademark Office with the company's relevant contact information, and take measures to prevent the company from creating or activating more accounts;
2. All 15807 trademarks applied for on his behalf were cancelled or invalidated;
3. The fees paid (loss exceeding 20 million yuan) will not be returned (relevant data shall be subject to official confirmation).
According to the information released by the Patent and Trademark Office, there are even several trademarks registered in 2009 and 2010, which have been registered for more than 10 years. These trademarks are of high value and have been cancelled. The seller's losses can be imagined.
In January this year alone, 400 trademarks were submitted on a single day.
Cross border sea going fake address fake lawyer, 15000 US trademarks were cancelled, and the seller suffered a large loss (attached list)
In the announcement of the Patent and Trademark Office, a long list of trademarks involved is listed. The majority of sellers can check whether their trademarks belong to this list.(Reply to the "list" in the background of the official account to obtain a complete list of trademarks)
Seagoing Information false address false lawyer, 15000 American trademarks were cancelled, and the seller suffered a large loss (attached list)
Some insiders estimate that the loss will exceed 20 million yuan, which is undoubtedly "devastating" for an intellectual property company.
Ms. Zhang and Shenzhen Huanyee Intellectual Property Co., Ltd. were "blacklisted" by the U.S. Trademark Office because of their illegal operations, which is still "self inflicted".
It's a mistake to find the sellers who registered the American trademark with this company.
A seller claimed that his company was unfortunately "lying on the gun". When looking for the other company to inquire about the results, the people of the company did not reply directly, without any responsibility.
Once the seller cooperates with the company,Not only will the trademarks registered and used for many years be cancelled, but also will face a series of risks.
For example, because of the cancellation of the trademark, Amazon's brand registration is invalid, which leads to co sale; perhapsThe cancelled trademark is (wei, er sheng) registered by others, in turn, the seller complains of infringement, etc.
Therefore, for sellers who have cooperated with this Huanyee company, it is urgent to apply for a new trademark or start the registration of trademark transfer products.
Behind the event: trademarks below this price point have a high probability of problems
Last year, Amazon's e-commerce business was hot, and the myth of sellers becoming rich was endless, attracting a large number of new sellers. At the same time, many trademark service providers took this opportunity to make a lot of money.
In the first half of last year, some trademark service providers who tasted the benefits were ambitious and invested heavily in trademarks. In addition to accepting the seller's entrustment to apply for trademarks, they also invested heavily in registering a large number of trademarks and reselling them.
In this case, the number of trademarks submitted by Chinese applicants (patentees) has soared.
USPTO mentioned a set of data in January 2021, from 5161 in 2014 to 54064 in 2018. By April 2021, trademark applications from ChinaMonthlyMore than 21,000 pieces.
Due to the sharp increase in the number, the United States Patent and Trademark Office has paid attention to the agencies that apply for American Standards, and strengthened supervision.
At present, according to the information provided by the United States Patent and Trademark Office, it can be inferred that the four points mentioned above should be the focus of the investigation.
According to the feedback from insiders, among the current trademark service providers, there are many service providers with the above four conditions.
According to lawyer Yang of Daxin Legal, the reason for the above situation is that the trademark registrantEvading fees to American lawyers,Forgery of lawyer's signature and use of evidence.
thus,Without the participation of American lawyers, a large amount of money can be saved.However, this puts the majority of sellers in danger. Once the trademark company is checked, the seller's trademark will be basically scrapped.
Some insiders suggest that the seller judge whether the trademark service provider is standardized by price. The current general market price of American trademarks,At about 2500 yuan/piece, if the price is too much lower than this price, the probability of problems will be greater.
However, Lawyer Yang believes that this is not a "panacea", because there are still informal service providers, but the quotation is also normal. It can only be said that, judging from the price, there is a certain chance to avoid illegal service providers, but it cannot be completely avoided.
"We cooperate with American lawyers, and relevant cooperation documents are not allowed to be disclosed. Therefore, even if a seller wants to judge compliance through cooperation documents, it is not feasible. Formal lawyers are subject to much greater restrictions than ordinary people."
Lawyer Yang believes that, at present, to identify whether a service provider is formal or not, it mainly depends on the seller's subjective perception of the trademark service provider, supplemented by third-party endorsement and guarantee, and there is no effective method.
Less than half of the U.S. trademarks passed?
In the past two years, the United States Trademark Office has been strengthening its supervision over trademark applications from China. At present, it is not easy to pass the trademark application from China.
According to the statistics of American law firms of Daxin Legal, in 2021, the passing rate of trademarks from China will be only46.7%,Less than half.
The application passing rate of informal law firms is generally lower.
Now, the outbreak of the Huanyee incident will inevitably increase the supervision of the Trademark Office on Chinese companies. The impact of this incident will not only stay in the companies it cooperates with, but will certainly extend to the entire "Chinese companies".
"Now, as long as it is a Chinese company, it is very difficult to register American Standards. Not to mention that after this incident, the United States Patent Office will definitely have a targeted attack after knowing that companies with trademarks use this' routine 'to make money."
In August 2019, the United States Patent and Trademark Office required overseas trademark applicants to cooperate with lawyers holding the qualification certificate of American practicing lawyers, especially agents, to conduct all businesses such as trademark application and reply to objections.
At present, many trademark service providers want to bypass this policy.
In September of the same year, the Trademark Office required all applicants to update their records and provide their e-mail addresses to facilitate communication with relevant offices.
The United States Patent and Trademark Administration is increasingly strict in reviewing applications from China, which also leads to longer and longer review time. At present, the examination period of the applied trademark is up to 8-9 months.
For the seller, once the trademark is cancelled, it almost means that listing will be shelved for more than half a year, and the loss is incalculable. Therefore, I hope sellers can be more vigilant. (The blue ocean Yiguan website domain news)
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