Typical cases of intellectual property enforcement in 2022 released Sold ice piers without permission was fined 110,000 yuan

On April 25, the official website of the State Administration for Market Regulation released the "Typical Cases of Intellectual Property Enforcement in 2022", announcing that since 2022, market supervision departments at all levels have continued to further promote intellectual property law enforcement, continuously increased the investigation and handling of cases for key commodities related to the health and property safety of the people, and key areas where infringement and counterfeiting are frequent, severely cracked down on illegal acts such as trademark infringement and patent counterfeiting, and strengthened the protection of exclusive rights of Olympic symbols. Investigating and punishing bad faith applications for trademark registration and illegal trademark and patent agency in accordance with the law has effectively protected the legitimate rights and interests of business operators and consumers, and provided important support for the construction of an innovative country and high-quality development.

According to the report, Beijing Huayuan Shuge Cultural Communication Co., Ltd. was fined 110,000 yuan on the black list for selling "ice dun dun" without the permission of the right holder in the live streaming activity of an online platform store. In addition, 19 typical cases, including the investigation and punishment of Li Moumou's production and sale of counterfeit "Shell" and other brand engine oil, the case of Xiangyang City Market Supervision Bureau of Hubei Province investigating and punishing Qiu's sale of candy that infringed the exclusive right to use the registered trademark "Alps", and the investigation and punishment of Kong Moumou's production and sale of counterfeit "Starbucks" coffee by the Market Supervision Bureau of Fucheng District, Mianyang City, Sichuan Province, were listed as typical cases of intellectual property enforcement in 2022.

The State Administration for Market Regulation released typical cases of intellectual property enforcement in 2022:

1. The Market Supervision Bureau of Beichen District of Tianjin investigated and dealt with the case of Li Moumou manufacturing and selling counterfeit "Shell" and other brand engine oil

On June 14, 2022, law enforcement personnel of the Market Supervision Bureau of Beichen District of Tianjin discovered during a law enforcement inspection that a warehouse in Luxinhe Village, Xiditou Town, stored suspected counterfeit engine oil. After a period of squatting and guarding, on the evening of June 21, the bureau and the public security organ conducted a surprise inspection when the parties were unloading, and seized 1,403 barrels of counterfeit Shell, Castrol, Mobil and other brands of engine oil on the spot, totaling 4,448 liters. According to the clues of upstream dens obtained from the on-site inspection, law enforcement officers and public security personnel rushed to Wangqingtuo Town, Wuqing District, Tianjin City overnight, smashed the parties' dens for filling counterfeit engine oil, seized filling machines and a large number of raw material engine oils used for the production and sale of counterfeit engine oil, seized 9,212 packaging drums and packaging boxes of counterfeit Shell, Castrol, Mobil and other brands, and 205 barrels of finished engine oil.

After investigation, the parties began to manufacture and sell counterfeit Mobil, Shell, Castrol and other brands of engine oil in the house of Kuntai High-tech Bicycle Trading Center in Wuqing District without authorization since April 2022, and stored the unsold engine oil in the warehouse of Luxinhe Village, Xiditou Town, with a total amount of more than 340,000 yuan. The conduct of the parties constitutes an infringement of the exclusive right to use a registered trademark as stipulated in Article 57 of the Trademark Law of the People's Republic of China, and the circumstances are serious and suspected of constituting a crime. The Beichen District Market Supervision Bureau transferred the case to the public security organ in accordance with the law.

This case is a case of infringement of the exclusive right to use multiple registered trademarks, and the dens for the manufacture and sale of counterfeit goods are extremely hidden and located in different areas from the storage warehouse. The market supervision department and the public security organ closely cooperated, gave full play to the advantages of departmental cooperation, traced back to the root cause through methods such as squatting points, surprise inspections, and joint law enforcement, accurately locked the location of the den, and played a "combined fist" with both strength and speed, efficiently investigated and dealt with illegal acts, strictly prevented counterfeit goods from entering the market, and maintained the order of the oil market.

2. The market supervision department of Wenzhou City, Zhejiang Province coordinated the investigation and handling of the case of cross-province production and sale of counterfeit "3M" logo epidemic prevention materials

On April 28, 2022, the Market Supervision Bureau of Wenzhou City, Zhejiang Province, based on clues, and the Longgang Municipal Market Supervision Bureau conducted law enforcement inspections of two warehouses in Longgang City, and found 4,920 pieces of protective clothing, masks and other epidemic prevention materials with the "3M" logo, which were identified as counterfeit goods.

After investigation, the goods involved in the case were sold by Liaoning Shengopu Medical Equipment Co., Ltd. to Hangzhou Guancheng Medical Equipment Co., Ltd. and Beijing Longxinshun Technology Co., Ltd. After winning the bid for the epidemic prevention materials procurement project, the Hangzhou and Beijing companies sold the above products to the Longgang area, with a value of more than 1.6 million yuan. Because the conduct of the parties was suspected of constituting a crime, the Wenzhou Municipal Market Supervision Bureau transferred the case to the public security organ in accordance with the law, and jointly established a special case team with the public security organ to carry out a comprehensive investigation. On June 22, the special case team went to Wuxi City, Jiangsu Province to conduct a surprise inspection of the upstream manufacturer Jiangyin Haijie Garment Co., Ltd., and found that the parties were producing protective clothing with the "3M" mark, and seized more than 9,000 pieces of counterfeit protective clothing and a large number of labels and instructions on the spot. Based on relevant clues, the special case team destroyed a total of 6 production and sales dens in Zhejiang, Jiangsu, Guangdong, Henan and other places, took criminal compulsory measures against 8 people, and seized more than 93,000 pieces of epidemic prevention materials counterfeiting the registered trademark of "3M", more than 600,000 certificates of conformity, labels and other marks, involving more than 15 million yuan. The case is currently pending in court.

The production and sale of counterfeit epidemic prevention materials not only infringes the legitimate rights and interests of trademark rights holders, but also endangers the life, health and safety of the people. In this case, the market supervision department strengthened the connection between execution and execution, traced the root cause, coordinated the investigation and handling of related cases, and cracked down on the illegal production and sale of counterfeit epidemic prevention materials across provinces in a whole chain from the terminal to the source, acting quickly and effectively handling, demonstrating the "people-centered" law enforcement concept.

3. The Market Supervision Bureau of Lu'an City, Anhui Province investigated and dealt with the case of Lu'an Haocar Preferred Commercial Operation Management Co., Ltd. infringing the exclusive right to use the registered trademark of "Ali Auto"

On July 18, 2022, the Market Supervision Bureau of Lu'an City, Anhui Province, based on the clues of the case transferred by the superior, conducted a law enforcement inspection of Lu'an Good Car Preferred Commercial Operation Management Co., Ltd. in accordance with the law, and found that the billboard in front of the party's door prominently used signs such as "Ali 2 Handcar Lu'an Smart City". The parties could not provide the certificate of license of the registrant of the trademark such as "Ali Auto" on site.

After investigation, in order to promote the second-hand car leasing market business, the parties prominently used the "Ali 2 Handheld Car Lu'an Smart City" logo in the business premises without the permission of the trademark registrant for investment promotion and publicity, and signed a shop operation lease contract with the customer containing "Luan Ali Second-hand Car" and other text content. The conduct of the parties constituted an infringement of the exclusive right to use a registered trademark as stipulated in Article 57 of the Trademark Law of the People's Republic of China, and the Lu'an Municipal Market Supervision Bureau ordered the parties to immediately stop the infringement and imposed an administrative penalty of 80,000 yuan.

The case was a service mark infringement case. The use of trademarks identical or similar to those of the trademark registrant on the same or similar services makes the relevant public mistakenly believe that it has an investment, licensing, franchise or cooperation relationship with the trademark registrant, which is likely to cause confusion among consumers. Article 4 of the Trademark Law of the People's Republic of China stipulates that "the provisions of this Law concerning commodity trademarks shall apply to service trademarks". Service trademark infringement violations shall be investigated and dealt with in accordance with law.

4. The Market Supervision Bureau of Jiyuan City, Henan Province investigated and dealt with the case of Jiyuan Douyin Culture Media Co., Ltd. infringing the exclusive right to use the registered trademark "Douyin"

On July 12, 2022, the Market Supervision Bureau of Jiyuan City, Henan Province, based on the report, carried out a law enforcement inspection of Jiyuan Douyin Culture Media Co., Ltd., and found that there was a cross-street page displaying the words "Jiyuan Douyin Media" above the gate of the Aolong Home Appliance City where the party was located, the words "Jiyuan Douyin Media" on the outer page of the parapet, and the words "Jiyuan Douyin Media" on the windows and glass doors of the parties.

After investigation, since March 7, 2022, without the permission of the "Douyin" trademark registrant, the parties have prominently used the word "Douyin" and the "" logo on the company name, façade signboard and Douyin account. As of the time of the case, the parties had not carried out live streaming business, and there was no illegal business turnover. The conduct of the parties constitutes an infringement of the exclusive right to use a registered trademark as stipulated in Article 57 of the Trademark Law of the People's Republic of China, and violates Article 6 of the Anti-Unfair Competition Law of the People's Republic of China, infringes the legitimate rights and interests of the trademark registrant and disrupts the order of fair competition. The Jiyuan Municipal Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law, ordered them to immediately stop the infringement and confusion, promptly registered the name change, and imposed a fine of 5,000 yuan.

This case is a "shop sign" infringement case. The parties used the registered trademarks of others in the company name and business premises without permission, and climbed the well-known trademarks by "free-riding" and "famous brands", which not only damaged the brand reputation of the trademark registrant, but also misled consumers. In this case, the law enforcement authorities accurately applied different laws and qualified and dealt with such illegal acts in accordance with the law, which was conducive to regulating the order of the live streaming market.

5. The Market Supervision Bureau of Xiangyang City, Hubei Province investigated and dealt with the case of Qiu selling candy that infringed the exclusive right to use the registered trademark "Alps"

On March 3, 2022, the Market Supervision Bureau of Xiangyang City, Hubei Province received a clue about the case handed over by the public security organ, indicating that a commercial house in Xiangyang purchased candy that infringed the exclusive right to use the registered trademark "Alps" from a counterfeiting den in Hengyang, Hunan Province, and immediately filed a case for investigation.

After investigation, from April 2020 to January 2021, the parties purchased and sold "Alps" candies from a fake den in Hengyang, Hunan Province in 11 batches. It was identified that the "Alpine" candy involved in the case was counterfeit. The parties purchased a total of 380 hard candies and 20 lollipops, with a value of 46,000 yuan. The parties were unable to provide the relevant qualifications of the supplier, there were no purchase contracts, lists, bills, and the price of the goods was significantly lower than the market price at that time. The conduct of the parties constitutes an infringement of the exclusive right to use a registered trademark as stipulated in Article 57 of the Trademark Law of the People's Republic of China. The Xiangyang Municipal Market Supervision Bureau imposed an administrative penalty of 95,000 yuan on the parties in accordance with the law.

This case is a typical case of strengthening the connection between execution and punishment and cracking down on illegal acts in the whole chain. The market supervision department coordinates and cooperates with the public security organ, the clues of the case are handed over by the public security organ, the market supervision department promptly conducts investigations and makes administrative penalties, and the offenders from counterfeiting dens to sales terminals are punished, which not only protects the legitimate rights and interests of trademark registrants, but also protects the "safety on the tip of the tongue" of the people.

6. The Market Supervision Bureau of Fucheng District, Mianyang City, Sichuan Province investigated and dealt with the case of Kong Moumou producing and selling counterfeit "Starbucks" coffee

On January 17, 2022, the Market Supervision Bureau of Fucheng District, Mianyang City, Sichuan Province, received a report that a family workshop in the community sold counterfeit "Starbucks" coffee under the name of a Starbucks coffee purchasing shop on a platform. The Fucheng District Market Supervision Bureau immediately organized law enforcement personnel to inspect the reported places, and seized barcode printers, ice machines, grinders, wall breakers and other equipment used for processing coffee, as well as raw materials such as coffee beans, flavored syrup, pure milk, and takeaway packaging bags and paper cups marked with the "Starbucks" logo pattern.

After investigation, since January 2022, the parties have received orders to produce and sell counterfeit "Starbucks" coffee without obtaining a food business license and without authorization from Starbucks. After the consumer places an order at the party's Starbucks coffee purchasing store, the party will make counterfeit "Starbucks" coffee according to the order demand, and then deliver it through flash delivery, express delivery, etc. As of the time of the case, the parties had received a total of 729 orders, and the value of the goods involved was 43,700 yuan. The conduct of the parties constitutes an infringement of the exclusive right to use a registered trademark as stipulated in Article 57 of the Trademark Law of the People's Republic of China, and violates the provisions of Article 35 of the Food Safety Law of the People's Republic of China. The Fucheng District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law, ordered them to immediately correct their illegal acts, and confiscated the goods involved in the case, and fined and confiscated a total of more than 1.04 million yuan.

In this case, the parties set up their business premises in a residential area and sold counterfeit coffee in the name of Starbucks coffee purchasing shops on the group buying platform, with concealed means and obvious subjective intention. After receiving the clues, the market supervision department immediately set up a special case team, concentrated its superior forces to strictly investigate illegal acts, effectively safeguarded the exclusive right to use a registered trademark, and effectively protected the legitimate rights and interests of consumers.

7. The Guizhou Provincial Market Supervision Bureau investigated and dealt with Qi's infringement of the exclusive right to use the registered trademark "Xijiu"

On April 5, 2022, the Guizhou Provincial Bureau for Market Regulation received a report that alcohol products suspected of trademark infringement were stacked in a warehouse in Yanjin Street, Renhuai City, Guizhou Province, and immediately opened a case for investigation.

After investigation, in August 2021, the parties provided packaging materials such as base wine and wine bottles and wine boxes, and entrusted a production enterprise to process "cellar wine", a total of 1,267 boxes (6 bottles/box). The bottle used in this "cellar wine" is very similar to the three-dimensional trademark "" registered by Guizhou Xijiu Co., Ltd. "The three-dimensional trademark has been approved for use on goods such as "liquor" in Class 33, and has been publicized and used by the trademark registrant and has a high popularity and distinctiveness. Without the permission of the trademark registrant, the parties used shapes and patterns similar to the registered trademark on the "cellar wine" produced and sold, which is likely to confuse the relevant public as to the source of the goods, which constitutes an infringement of the exclusive right to use a registered trademark under Article 57 of the Trademark Law of the People's Republic of China. The Guizhou Provincial Market Supervision Bureau ordered the parties to stop the illegal acts, confiscated the infringing goods of "cellar wine", and imposed a fine of 106,900 yuan.

This case is a typical case for the protection of the exclusive right to use a three-dimensional trademark. When the mainland amended its Trademark Law in 2001, it added relevant provisions on the application and registration of three-dimensional trademarks, and many enterprises began to apply for the registration of three-dimensional trademarks in order to obtain differentiated brand competitiveness. Due to the particularity of three-dimensional trademarks themselves, the infringement judgment is more complicated than that of ordinary trademarks. In this case, the market supervision department accurately determined the infringement by comparing the overall three-dimensional trademark and the characteristics of the key parts, and protected the three-dimensional trademark of the enterprise according to law.

8. The Market Supervision Bureau of Linqu County, Hunan Province investigated and dealt with the case of infringement of the exclusive right to use a registered trademark by Liping Jinxing, Xin'an Town, Linqu County

On January 11, 2021, the Market Supervision Bureau of Linqu County, Hunan Province received a complaint from Saturday Fu Jewelry Co., Ltd., indicating that Liping Jinxing, Xin'an Town, Linqu County, had infringed on its exclusive right to use its registered trademark, and immediately conducted a law enforcement inspection of the parties' business premises.

After investigation, the parties used the "" logo on store signboards, store image walls, store advertisements, jewelry boxes and jewelry bags, and the hang tags of the jewelry and gold jewelry placed at the jewelry counter were printed with the words "Hong Kong Saturday Fortune Jewelry International Group Co., Ltd." """ is a registered trademark of Saturday Fortune Jewelry Co., Ltd., """ is a registered trademark of Hong Kong Saturday Fortune Jewelry International Group Co., Ltd. As a distributor who has been operating similar businesses for more than 20 years, the parties concerned know or should know that the trademark has a high market popularity, and use the "" logo in the business premises without the permission of the trademark registrant, which is likely to cause confusion among the relevant public about the source of the goods. The conduct of the parties constituted an infringement of the exclusive right to use a registered trademark as stipulated in Article 57 of the Trademark Law of the People's Republic of China, and the Linqu County Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law, ordered the immediate cessation of the illegal acts, and imposed a fine of 250,000 yuan.

A trademark is an important sign that identifies the source of goods and services. Without the permission of the trademark registrant, the use of a trademark similar to its registered trademark on the same kind of goods or services, or the use of a trademark identical or similar to its registered trademark on similar goods or services, is likely to lead to confusion and not only infringe the legitimate rights and interests of the trademark registrant, but also infringe on the interests of consumers. The case was complex, and it went through procedures such as hearings, litigation, appeals, and postponements, and finally imposed administrative penalties in accordance with the law, which effectively protected the legitimate rights and interests of trademark rights holders and consumers.

9. The Market Supervision Bureau of Gaochun District, Nanjing City, Jiangsu Province investigated and dealt with Nanjing Yihanjia Lighting Co., Ltd. for using the "well-known trademark" for publicity

On November 9, 2022, law enforcement personnel of the Market Supervision Bureau of Gaochun District, Nanjing, Jiangsu Province, conducted a law enforcement inspection of the business premises of Nanjing Yihanjia Lighting Co., Ltd. and found that it was marked with the words "China Well-known Trademark" on the billboard at the entrance of the business premises.

After investigation, the party concerned engaged in NVC lighting fixture business in a market in Chunxi Street, Gaochun District in May 2020, and marked the words "China's well-known trademark" on the billboard at the door; On September 30, 2022, the parties replaced the billboard at the entrance of the shopping mall on the first floor and marked the billboard with the words "NVC NVC® Lighting China Well-known Trademark Lighting Lighting Industry Champion Brand". The content of the above-mentioned billboard is designed by the parties themselves and printed and produced by the advertising company. The parties used the "well-known trademark" for advertising without authorization in commercial activities, which violated the provisions of Article 14 of the Trademark Law of the People's Republic of China and committed illegal acts of advertising. The Gaochun District Market Supervision Bureau imposed an administrative penalty of 20,000 yuan on the parties in accordance with the law.

A well-known trademark is a legal concept, which is a determination of legal facts according to the needs of a specific case, not an honorary title, and cannot be used for publicity. Article 14 of the Trademark Law of the People's Republic of China stipulates that producers and traders shall not use the words "well-known trademark" on goods, packaging or containers of goods, or in advertising, exhibitions and other commercial activities. The investigation and handling of this case is conducive to guiding business operators to correctly understand the "well-known trademark" system, and prompting trademark registrants to rely on the quality of products, services and reputation to obtain market competitiveness.

10. Shanghai Huangpu District Market Supervision Bureau investigated and dealt with the case of Shanghai Chengsheng Cultural Development Co., Ltd. applying for trademark registration in bad faith

On June 7, 2022, the Shanghai Huangpu District Market Supervision Bureau received a clue about the transferred case, indicating that Shanghai Chengsheng Cultural Development Co., Ltd. applied for trademark registration of a large number of time-honored brand names, suspected of bad faith application for trademark registration, and immediately filed a case for investigation against the parties.

After investigation, the parties were engaged in the historical excavation and brand incubation of old brands and time-honored brands, and successively applied for the registration of old brand trademarks since October 2019. Up to the end of the case, the parties had filed a total of 264 applications for the registration of old brand trademarks, 116 cases had been registered, and 148 cases had been rejected. The above-mentioned old brand trademarks are not related to the main business of the parties, and only 5 old brand trademarks have been incubated by the parties to the case, and the parties have not used other old brand trademarks for business activities, and they are all in a state of hoarding. The conduct of the parties violated Article 4 of the Trademark Law of the People's Republic of China and constituted an act of applying for trademark registration in bad faith for the purpose of use. The Huangpu District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law, ordered them to immediately correct the illegal acts, gave them a warning and imposed a fine of 10,000 yuan.

In this case, the number of trademarks applied for registration by the parties obviously exceeded the needs of normal business activities, which was an excessive reserve of trademarks beyond a reasonable range, objectively and improperly occupied a large amount of trademarks and resources, and disrupted the order of trademark registration. The investigation and handling of this case not only cracked down on trademark hoarding, but also standardized the orderly protection of the trademark resources of old brands.

11. The Market Supervision Bureau of Qingdao Municipality, Shandong Province investigated and dealt with the case of Qingdao Tianyu Trademark Agency Co., Ltd. disrupting the order of the trademark agency market by improper means

On February 8, 2022, the Qingdao Municipal Market Supervision Bureau of Shandong Province, based on the clues of the case assigned by the Shandong Provincial Market Supervision Bureau, filed an investigation into the suspected submission of false materials in the trademark application of Qingdao Tianyu Trademark Agency Co., Ltd.

After investigation, the parties represented the Urban Management and Community Construction Center of Lingshan Island Provincial Nature Reserve in Huangdao District, Qingdao City in applying for the registration of the geographical indication certification trademark "Lingshan Island Wrinkle Panbao", and when its business supervisor prepared the proof materials for the objective existence and reputation of the geographical indication required for the application, in order to pass the trademark examination, and without finding the historical record of "Lingshan Island Wrinkle Panbao" in the historical records, the Jiaonan Yearbook 2009 (Yellow River Press, published in December 2009) ISBN 978-7-5460-0060-2) on page 28 falsified and submitted the application on September 21, 2020. The State Intellectual Property Office verified the above-mentioned materials submitted by the parties and rejected the trademark registration application on August 27, 2021 on the grounds of falsification of historical materials. The Qingdao Municipal Bureau for Market Regulation imposed an administrative penalty on the parties in accordance with the law, and gave the parties a warning and a fine of 20,000 yuan; The business supervisor was given a warning and fined 10,000 yuan.

In recent years, the rapid development of the intellectual property service industry has provided important support for the creation, use and protection of intellectual property rights, but there have also been phenomena such as individual agencies soliciting agency business by improper means and applying for trademark registration in bad faith. This case focuses on the prominent problem of alteration and falsification of supporting materials in the application and registration of geographical indication trademarks, punishes violators according to law, and guides trademark agencies to operate in compliance with the law, which is conducive to promoting the standardized development of the agency industry.

12. Chongqing Rongchang District Market Supervision Bureau investigated and dealt with the case of Chongqing Yaya Education Technology Co., Ltd. acting as an agent to apply for trademark registration in bad faith for the purpose of use

On September 5, 2022, the Chongqing Rongchang District Market Supervision Bureau received clues in the case, reflecting that a number of affiliated enterprises such as Chongqing Yaya Education Technology Co., Ltd. were suspected of applying for trademark registration in bad faith, and immediately conducted a law enforcement inspection on the parties on site.

After investigation, the parties applied for trademark registration on behalf of a number of enterprises, and preemptively registered trademarks that had been used earlier by others and had a certain impact. The case involved a number of affiliated enterprises such as Chongqing Paidong Trading Co., Ltd. (established on October 25, 2013), Chongqing Chengcheng Technology Co., Ltd. (established on January 8, 2018), Zhonglin Co., Ltd. (Japan, established on November 15, 2019), Yakuya Bi Co., Ltd. (Japan, established on March 29, 2019), Black-Dirk Company (United States, established on December 23, 2019), and the actual controlling persons are Liang, Luo, and Liang. The above-mentioned enterprises did not actually carry out business activities. Since 2018, the parties have successively filed 173 trademark registration applications for the above-mentioned enterprises. The conduct of the parties violated Article 19 of the Trademark Law of the People's Republic of China and other relevant provisions, constituting an act of applying for trademark registration in bad faith. The Chongqing Rongchang District Market Supervision Bureau ordered the parties to immediately stop the illegal acts in accordance with the law, and issued an administrative penalty of warning and a fine of 10,000 yuan; Give a warning to the legal representative of the party and impose an administrative penalty of 5,000 yuan.

This case is a typical case against the bad faith application for trademark registration by "groups" of affiliated enterprises, the facts of the case are complicated, there are many illegal subjects, and it is difficult to investigate. The market supervision department overcame numerous difficulties in investigation and evidence collection, quickly ascertained the facts of the violation, and imposed penalties on trademark agencies and their legal representatives, forming a strong deterrent to bad faith applications for trademark registration, which is conducive to standardizing trademark applications and protecting the legitimate rights and interests of trademark rights holders.

13. The Market Supervision Bureau of Handan City, Hebei Province investigated and dealt with the case of Hebei Sun Brothers Intellectual Property Agency Co., Ltd. disrupting the order of the trademark agency market

On February 11, 2022, the Market Supervision Bureau of Handan City, Hebei Province, based on the clues of the case assigned by the Hebei Provincial Market Supervision Bureau, launched an investigation into the suspected falsification of historical materials in Hebei Sun Brothers Intellectual Property Agency Co., Ltd.'s application for geographical indication certification trademark.

After investigation, on April 3, 2019, the Qiu County Edible Mushroom Planting Association entrusted the party concerned to represent the party in the application for the registration of the geographical indication certification trademark "Qiu County Pleurotus eryngii". In order for the application materials to meet the requirements that the application for a geographical indication certification trademark must be recorded in the Local Chronicle, the parties concerned arbitrarily modified and added the content such as "unique soil and water source conditions gave birth to Pleurotus eryngii mushrooms in Qiu County" in the copy of the Qiu County Edible Mushroom Cultivation Association (Fangzhi Publishing House, published in August 2001) submitted to the State Intellectual Property Office as supporting materials. On August 27, 2021, the State Intellectual Property Office rejected the above-mentioned application for registration of a geographical indication trademark due to inconsistencies between the information submitted by the parties concerned and the contents recorded in the books collected by the National Library and Documentation Institution. The parties submitted false materials in the GI certification trademark application, disrupting the order of the trademark agency market. The Handan Municipal Market Supervision Bureau imposed administrative penalties in accordance with the law, fining the parties 40,000 yuan and Gao 10,000 yuan, the person directly responsible.

Geographical indications are the "golden business card" of a region's characteristic products, which have attracted much attention from local governments and the public. In recent years, when applying for GI certification trademarks, some trademark agencies have forged and submitted false materials in order to seek improper benefits, which not only increases the examination burden, but also disrupts the order of the trademark agency market. The investigation and handling of this case effectively cracked down on counterfeiting in the application for registration of geographical indication certification trademarks, and maintained the order of the trademark agency market.

14. The Market Supervision Bureau of Tong'an District, Xiamen City, Fujian Province investigated and dealt with the case of Xiamen Miluocang Agricultural Technology Co., Ltd. infringing on the exclusive right to use the certification trademark of the geographical indication "Wuchang Rice"

On May 24, 2022, the Market Supervision Bureau of Tong'an District, Xiamen City, Fujian Province, conducted a law enforcement inspection of the business premises of Xiamen Rice Warehouse Agricultural Technology Co., Ltd. in accordance with the law, and found that the site had a rice packaging area, and Wuchang rice labeled "Golden Rice Codex ®" and "Tadpole Boy ®" were stored on site.

After investigation, the parties concerned purchased sub-packing equipment from Quanzhou and other places, purchased ordinary large-scale packages of fragrant rice and long-grain fragrant rice from Jilin Province, and then divided them into small packages for external sales, with a total of 25 bales of "Golden Rice Codex ®" Wuchang rice and 120 bales of "Tadpole Boy ®" Wuchang rice, with an illegal turnover of 5,650 yuan. If the parties have not obtained permission from the registrant of the GI certification trademark of "Wuchang Rice", and neither of the two types of rice purchased is within the production territory of the "Wuchang Rice" GI certification trademark products, the conduct of the parties constitutes an infringement of the exclusive right to use a registered trademark as stipulated in Article 57 of the Trademark Law of the People's Republic of China. The Xiamen Tong'an District Market Supervision Bureau ordered the parties to immediately stop the infringing acts, confiscated the infringing goods and production equipment, and imposed a fine of 30,000 yuan.

This case is a typical case for the protection of the exclusive right to use a GI certification mark. The use of a GI certification trademark on rice in a non-GI production area without the permission of the registrant of the GI certification trademark "Wuchang Rice" not only harms the legitimate rights and interests of the trademark right holder, but also misleads consumers and affects the consumer experience, and shall be investigated and dealt with according to law.

15. The Market Supervision Bureau of Xishan District, Wuxi City, Jiangsu Province investigated and dealt with the case of Wuxi Jinka Printing Factory printing the geographical indication certification trademark without authorization

On January 17, 2022, the Wuxi Xishan District Market Supervision Bureau conducted a law enforcement inspection of Wuxi Jinka Printing Factory based on the reporting clues, and found that there were 3,800 packaging boxes marked with the words "manna special blue fish" on the main part of the packaging in the workshop of the parties.

After investigation, on April 21, 2006, Wuxi Xishan District Goose Lake Fisheries Association was approved to register the geographical indication certification trademark "manna" on the 31st class of blue fish (live) goods. In early November 2021, Wuxi Jinka Printing Factory was entrusted by a catering company in Wuxi to process and print gift packaging boxes marked in a conspicuous position without examining and checking the trademark printing permission documents, and also sold the packaging to operators in other regions without authorization. By the time of the case, the parties had printed and sold a total of 6,000 of the above-mentioned packaging boxes, with a total illegal business turnover of 13,000 yuan. The conduct of the parties constituted an infringement of the exclusive right to use a registered trademark as stipulated in Article 57 of the Trademark Law of the People's Republic of China, and the Wuxi Xishan District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law, confiscated 3,800 packaging boxes, and imposed a fine of 13,000 yuan.

According to the Administrative Rules for the Use of "Manna" Certification Trademark, those who apply for the use of the "Manna" certification trademark must meet the conditions for use within the approved production area through on-site inspection, testing and comprehensive examination by the Ehu Fisheries Association of Wuxi Xishan District, and sign a certification trademark license contract. Without verifying whether the client had obtained the authorization of the "manna" certification trademark, the parties printed packaging boxes for others without authorization, which provided convenience for counterfeiters and easily damaged the reputation of the "manna" brand.

16. The Beijing Municipal Bureau for Market Regulation investigated and dealt with the case of Beijing Huayuan Shuge Cultural Communication Co., Ltd. infringing on the exclusive rights of Olympic symbols

On April 20, 2022, the Beijing Municipal Bureau for Market Regulation discovered during online monitoring that Beijing Huayuan Shuge Culture Communication Co., Ltd. was suspected of selling "Bingdundun" figures and other goods in the way of "shooting A and B" in the live streaming activity of an online platform store, and immediately communicated with the platform operator to retrieve the live broadcast images and text data of the parties.

In order to avoid supervision, the parties did not display physical objects in the live broadcast room and online store, but described the goods by using suggestive language such as "currently related to the Olympics and relatively popular (things)" and sounds such as "Dundun Dundun", and reminded the audience to purchase the "Bingdundun" figure by placing an order for a product in the online store during the live broadcast. After the user placed the order, the party confirmed the order and shipped it through the chat software, and sold a total of 207 "Bingdundun" figures in 11 live broadcasts, with an illegal business turnover of 24,400 yuan. The parties' act of live selling "Bingdundun" figures without obtaining permission from the right holder of Olympic symbols violated Article 4 of the Regulations on the Protection of Olympic Symbols and infringed the exclusive rights of Olympic symbols. The Beijing Municipal Bureau for Market Regulation issued an administrative penalty of 110,000 yuan to the parties in accordance with the law.

During the 2022 Beijing Winter Olympics, ice piers became a hot seller. Some offenders made and sold Olympic licensed commodities such as "Ice Dun Dun" and "Snow Rong Rong" without permission, seeking improper profits. The investigation and handling of this case has effectively safeguarded the legitimate rights and interests of the exclusive rights holders of Olympic symbols, standardized the order of the sales market of Olympic licensed commodities, and demonstrated the good image of the mainland as honoring its promises and keeping promises and strictly protecting the exclusive rights of Olympic symbols.

17. The Market Supervision Bureau of Panyu District, Guangzhou City, Guangdong Province investigated and dealt with the case of infringement of the exclusive rights of Olympic symbols by Guangzhou Matavos Information Technology Co., Ltd

On March 14, 2022, the Panyu District Market Supervision Bureau of Guangzhou City, Guangdong Province received a letter from the Beijing Winter Olympics Organizing Committee, complaining that Guangzhou Matavos Information Technology Co., Ltd. illegally operated Olympic-related commodities on its digital collectibles trading platform without permission, and immediately conducted a law enforcement inspection on the parties.

After investigation, on February 20, 2022, the parties sold "Olympic Series Limited Blind Box" and "Cosmic Bear - Tribute to the Olympic Series" digital goods with the word "Olympic" in the name of "Olympic" on the "COSMOS ART" digital platform, and used the word "Olympic" on the product promotion page, with an illegal turnover of 49,800 yuan. The parties concerned use the Olympic symbols for commercial purposes without the permission of the right holder of the Olympic symbols, violating Article 4 of the Regulations on the Protection of Olympic Symbols. The Guangzhou Panyu District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law, ordered the immediate cessation of the infringement, and imposed a fine of 64,700 yuan.

Protecting the intellectual property rights of Olympic symbols is an important part of hosting the 2022 Beijing Winter Olympics, and its mission is glorious and of great significance. The market supervision department attached great importance to the letter from the Beijing Winter Olympics Organizing Committee, decisively attacked and quickly investigated and handled, effectively safeguarding the legitimate rights and interests of the right holders of Olympic symbols, reflecting the attitude of "zero tolerance" for infringement of Olympic intellectual property rights, and creating a good atmosphere for the successful holding of the 2022 Beijing Winter Olympics.

18. The Market Supervision Bureau of Yancheng District, Shijiazhuang City, Hebei Province investigated and dealt with the case of Hebei Lianfeng Fertilizer Co., Ltd. producing and selling fertilizer with counterfeit patents

On August 1, 2022, during the on-site inspection of Hebei Lianfeng Fertilizer Co., Ltd., the Hebei Provincial Market Supervision Bureau found that the parties were suspected of counterfeiting patents, so they transferred the clues to the Shijiazhuang Qiancheng District Market Supervision Bureau for handling.

After investigation, the packaging bag of a potassium sulfate compound fertilizer produced by the parties named "Baonong No. 1" was marked with the words "Vitality National Invention Patent No.: ZL90106014.3", but the parties could not provide the corresponding patent certificate. The inquiry found that the owner of the invention patent ZL90106014.3 was Zhang, and the legal status of the invention patent was "terminated". The conduct of the parties constitutes the counterfeiting of patents as stipulated in Article 84 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China. The Market Supervision Bureau of Yancheng District of Shijiazhuang City imposed administrative penalties on the parties in accordance with the law, ordered the correction of illegal acts and made an announcement, confiscated 5,649.84 yuan of illegal gains, and imposed a fine of 90,000 yuan.

As an intangible asset, patents are often synonymous with "high technology" and "innovation" in the eyes of consumers. In order to expand the influence of products and attract consumers' attention, some operators will mark product patent numbers in product packaging or advertising. Patent counterfeiting not only deceives consumers, but also disrupts market order. In this case, the market supervision department promptly investigated and dealt with the counterfeiting of patents in accordance with the law, effectively safeguarding the legitimate rights and interests of consumers and the market order of fair competition.

19. Chongqing Yongchuan District Market Supervision Bureau investigated and dealt with the counterfeit patent case of Chongqing Hongfang Food Co., Ltd

On April 13, 2022, the Chongqing Yongchuan District Market Supervision Bureau conducted a law enforcement inspection of the production and business premises of Chongqing Hongfang Food Co., Ltd. and found that the words "patented products, counterfeiting must be investigated" were printed on the outer packaging bags of products stored in the packaging warehouse of the parties.

After investigation, in the course of business, the parties printed 118,300 outer packaging bags of "Shuxian mille-feuille belly" and "Shuxian black hairy belly" through a packaging company in other places, and the packaging bags were marked with the words "patented products, counterfeiting must be investigated". Since February 25, 2022, the parties have used the above-mentioned outer packaging bags to package and sell the "Shuxian Melaleuca Belly" and "Shuxian Black Hairy Belly" products produced with a sales amount of 11,900 yuan. The products produced and sold by the parties concerned have not been granted a patent right, but the words "patented products, counterfeits must be investigated" on the packaging bag violate the provisions of Article 84 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China, and constitute an illegal act of marking the patent mark on the packaging of the product for which the patent right has not been granted and selling it. The Chongqing Yongchuan District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law, ordered them to stop their illegal acts, confiscated 11,900 yuan of illegal gains, and imposed a fine of 25,000 yuan.

In this case, the parties did not obtain patent authorization and could not provide relevant authorization documents, but marked the food packaging they produced with the words "patented products, counterfeiting must be investigated", misleading consumers and obtaining improper benefits. The investigation and handling of this case protected the legitimate rights and interests of consumers and maintained the market order of fair competition.

20. The Market Supervision Bureau of Inner Mongolia Autonomous Region investigated and dealt with the case of Inner Mongolia Mengxia Intellectual Property Agency Co., Ltd. carrying out patent agency business without authorization

On August 23, 2021, the Market Supervision Bureau of Inner Mongolia Autonomous Region conducted a law enforcement inspection on Inner Mongolia Mengxia Intellectual Property Agency Co., Ltd. suspected of carrying out patent agency without patent agency qualifications based on the transfer clues.

After investigation, from March 2019 to August 2020, the parties carried out agency patent applications, patent invalidation and other related businesses without obtaining a patent agency practice license, collecting a total of 83,700 yuan in patent technical service fees and 53,200 yuan in illegal gains. The conduct of the parties violated the provisions of Article 9 of the Patent Agency Regulations and Article 8 of the Measures for the Administration of Patent Agency, and constituted an illegal act of carrying out patent agency business without patent agency qualifications. The Inner Mongolia Autonomous Region Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law, ordered them to stop their illegal acts, confiscated 53,200 yuan of illegal gains, and imposed a fine of 106,400 yuan.

After years of rapid development, the patent agency industry has gradually grown in scale. Driven by interests, "black agents" who carry out patent agency business without permission have also emerged. The service quality of these "black agents" is uneven, which will bring unnecessary losses to the innovation subjects. In this case, the market supervision department performed its patent enforcement duties in accordance with the law, severely cracked down on illegal acts of patent agency, standardized the order of patent agency, and was conducive to promoting the high-quality development of the intellectual property service industry.

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Text/Beijing Youth Daily reporter Lin Lishuang

Editor/Fan Hongwei