Research Report on Lawyer's Trademark Business
Ma Xiang, Intellectual Property Committee of the All China Lawyers AssociationTable of contents***Analysis of the Important Role of Trademark in Social and Economic Development1、 Trademarks have penetrated into various aspects of social life2、 The trademark recognition function is more prominent, and the trademark recognition function creates profits for enterprises3、 Trademark management is a high realm of enterprise operation4、 Trademark is the primary asset of a company5、 Cultivating well-known trademarks is one of the two core contents of the national intellectual property strategy and a good strategy for transforming China's economic development modeChapter 2 Analysis of the Current Situation of Trademark Legal Services in China1、 The volume of trademark legal services in China is huge2、 The overall level of trademark legal services in China is low3、 Lawyers have not become the leading force in trademark legal servicesChapter 3 Comprehensive Analysis of Lawyers' Ability and Responsibility to Provide Trademark Legal Services1、 The necessity for lawyers to engage in trademark legal services2、 The possibility of lawyers providing trademark legal services3、 Lawyers have obvious advantages in providing trademark legal services4、 Internationally, trademark legal services are primarily provided by lawyers5、 Lawyers engaged in trademark agency business have broken down barriers6、 Chinese lawyers have accumulated certain experience in trademark legal servicesChapter 4 Analysis of the Prospects of Lawyers Engaging in Trademark Legal Services1、 The volume of trademark legal services in China is huge and continues to grow2、 Lawyer * * * entering the field of trademark legal services will increase the volume of trademark business3、 Lawyers will undoubtedly become the main force in trademark legal servicesChapter 5 How Lawyers Can Do a Good Job in Trademark Legal Services1、 Lawyers need to practice their internal skills well2、 Please have the Ministry of Justice vigorously promote, provide policy support, organize and coordinate, strengthen supervision, and safeguard rights and interests3、 Please promote, support, and encourage the National Bar Association4、 Guidance, training, and standardization of trademark business by the National Lawyers and Intellectual Property CommissionChapter 6 The Importance of Lawyers Providing Good Trademark Legal Services1、 Beneficial for the implementation of the national intellectual property strategy, serving the transformation of the country's economic development mode, and building an innovative country2、 Beneficial for lawyers to serve agriculture, rural areas, and farmers, and can have a good social effect3、 It is conducive to reflecting the positive role of the Ministry of Justice in guiding lawyers to serve the national intellectual property strategy and serve the national economic construction.4、 It is conducive to improving the efficiency of trademark authorities and courts, reducing case backlog, and improving the quality of case trials.5、 It is conducive to promoting the expansion of lawyer business, expanding the influence of lawyers, and improving the social status of lawyers.***The significant role of trademarks in social and economic development1、 Trademarks have penetrated into various aspects of social lifeChina has had the "White Rabbit" trademark since the Song Dynasty, and there were also well-known trademarks during the * * * period. Before the reform and opening up, due to China's implementation of a planned economy, trademarks had no place to be used. It was not until the promulgation of the Trademark Law in 1983 that the number of trademark applications in China gradually increased. Nowadays, trademarks are closely related to our lives, from the watches we see when we wake up in the morning, the cars we drive to work, various stationery used in the office, to the food seasonings for dinner, all have trademarks. Someone once calculated that people deal with at least hundreds of trademarks in a day, and trademarks have fully integrated into our lives. For this reason, people have expressed the emotion of "what will happen to the world if humanity loses its trademark"!2、 The trademark recognition function is more prominent, and the trademark recognition function creates profits for enterprisesFaced with a dazzling array of products in the market, trademarks enable us to identify and shop, and select satisfactory products in a short period of time, saving us valuable time. The original recognition function of trademarks plays a crucial role in this process.With the advancement of science and technology, commodity production has become almost intelligent. Not only is the variety and quantity of commodities extremely abundant, but also commodities are becoming increasingly homogeneous. With the rapid development of transportation, communication, Internet, and logistics, domestic and international markets have been formed. The emergence of large malls, supermarkets, and shopping centers has made it possible for consumers to shop around three or even a hundred, and the identification role of trademarks has become more prominent.With the improvement of people's living standards and the enhancement of purchasing power, when consumers choose goods, they are not only satisfied with the physical functions of the goods, but also pay more attention to the connotation expressed by the trademark of the goods. Wearing Armani suits can reflect identity and status. Chanel perfume is used to prove taste. "Armani" and "Chanel" trademarks fully commend consumers. In addition to traditional recognition functions, trademarks also have a new function, which is the recognition function. According to an experiment conducted by Stanford University in the United States, when two identical fries were placed in front of children, one bag was labeled with the M trademark and the other bag was not labeled with any trademark. 77% of children chose fries labeled with the M trademark and believed that fries with the M trademark were more delicious. Based on the recognition function of trademarks, consumers are not only willing to pay for the goods themselves, but also willing to pay for the trademark. The commendation function of visible trademarks can not only create profits for enterprises, but also create high profits.3、 Trademark is the primary asset of a companyIn the era of commodities, due to the scarcity of goods, the factories and equipment of enterprises play a decisive role. In the era of capital, enterprises with strong funds can be in a favorable position, and investment and financing are extremely important. In modern society, entering the knowledge-based era, intellectual property rights such as trademarks, * * *, and copyrights determine the survival and development of enterprises.Every enterprise may not necessarily have * * * and copyright, but it should have a trademark. The trademark has been accompanying the growth and development of the enterprise since its establishment, and the reputation, popularity, technological advantages, product quality, advertising and promotion of the enterprise are all accumulated on the trademark****** An additional 20 years of protection and only 50 years of copyright, but as long as the trademark is continuously renewed, it can obtain permanent protection and become more valuable as used. In the 2010 Hurun China Brand List, "China Mobile" ranked * * * with a brand value of 267 billion yuan (see Annex 1). In 2010, Wal Mart ranked among the top 500 BrandFinance global brands with a brand value of 41.365 billion US dollars (see Annex II). It can be seen that the value of trademarks has far exceeded the value of tangible assets, becoming the primary asset of enterprises.Trademarks are an important productivity of enterprises, and they can generate profits for enterprises, especially in fast-moving consumer goods industries such as food and clothing. Trademarks are the source of profits for enterprises, which not only determine their development, but also influence their survival. In the high-tech industry, trademarks also play an extremely important role, such as Facebook's operation of the "Facebook" trademark, which is recognized as one of the key factors for its success; Apple's iPhone, iPad, iPod and other series of products have been selling well worldwide thanks to its successful trademark application*** The recent hype over Apple's "iPad" trademark incident has highlighted the value of the trademark by Shenzhen Vipshop, which claims to have Apple compensate 10 billion yuan in the United States.4、 Trademark management is a high realm of enterprise operationThe commendation function of a trademark determines that it can create excess profits for the enterprise. When enterprises enter a stable period in terms of product quality, technology, management, etc., but encounter development bottlenecks, trademark operation often becomes the best way for enterprises to achieve breakthroughs. The successful experience of well-known enterprises in developed Western countries fully confirms that trademark management is the highest level of enterprise operation. The core content of trademark management is to endow a trademark with specific cultural connotations through long-term systematic engineering such as advertising, enhance the recognition function of the trademark, arouse consumers to purchase goods marked with the trademark, make consumers willing to pay a high exchange price for the trademark, and thus obtain high profits for the enterprise. For example, Coca Cola Company has endowed the "Coca Cola" trademark with the recognition function of "vitality, passion, creation, and enjoyment", and continuously strengthened it. Using brown beverages as carriers, it has gained rich profits worldwide, enabling the enterprise to develop in a long-term and healthy manner, achieving its century long legend.5、 Creating and cultivating well-known trademarks is a good strategy to transform China's economic development modeThe number of well-known trademarks in a country often reflects its economic strength and competitiveness to a certain extent. Famous trademarks are the wealth of a country, as they can occupy larger markets or even monopolize them. Countries with world-renowned trademarks often occupy an advantageous position in international competition.China has fully recognized the important role of trademarks in social and economic life, and the importance of creating and cultivating well-known trademarks for the country. In the National Intellectual Property Strategy Outline issued in 2008, encouraging the creation and cultivation of well-known brands was included as two core contents. In order to effectively implement the strategy of cultivating well-known trademarks, the State Administration for Industry and Commerce has formulated the National Trademark Strategy, identified demonstration cities and enterprises for trademark strategy, and actively carried out trademark strategy work in various provinces, cities, industries, and enterprises. Trademark work has become a major event in China's social and economic life.In 2010, in the BrandFinance Global Brand Value 500 list, there were no Chinese companies in the top 10. Among the top 100, only 3 Chinese companies were shortlisted (see Annex 3), which is clearly disproportionate to China's second largest economy in the world. For a long time, Chinese enterprises have not made brand profits, but have worked for world-renowned trademark enterprises, utilizing China's mineral resources and human resources, and even paying the price of high pollution to make small profits. According to an article in the Intellectual Property Daily, most world-renowned * * products are manufactured in China, labeled with world-renowned brands, and then sold to Chinese people. The foreign trademark owners make excess profits after * * *. 80% -90% of China's export products use foreign trademarks or no trademarks. 90% of Chinese joint ventures use foreign trademarks, and 90% of the Chinese beverage industry uses foreign trademarks. Even for well-known domestic enterprises such as Changhong, TCL, and Konka, 89% of exports must be labeled with foreign trademarks. Therefore, in transforming its economic development model, China particularly emphasizes the need to create and cultivate its own well-known trademarks, produce and sell branded goods, earn brand profits, and change the world's factory situation. It can be seen that trademarks will play a greater role in the new economic situation.Chapter 2 Analysis of the Current Situation of Trademark Legal Services in China1、 The volume of trademark legal services in China is hugeAs of the end of 2010, China had a total of 8.295 million trademark registration applications, 5.628 million registered trademarks, and 4.604 million valid registered trademarks, all of which ranked among the world's * * *. The number of trademark applications and registrations in China is increasing at a rate of over 20% every year. In 2010, the number of trademark applications in China reached 1.072 million, a year-on-year increase of 29.1%, ranking first in the world for nine consecutive years. (See Attachment 4)In 2010, there were over 100000 trademark changes, renewals, transfers, and licensing contracts; There are over 100000 trademark disputes, including trademark objections, revocations, reexaminations, and disputes; More than 50000 trademark administrative complaints; 43596 trademark infringement cases; 2828 first instance cases of trademark administrative rights confirmation.As of June 30, 2011, the number of trademark registration applications was 604855 million, an increase of 34.84% compared to the same period last year. It is expected to reach a new high throughout the year, exceeding 1.4 million. According to the statistics of the Trademark Office, 92.1% of trademark applications are represented by agency agencies.Currently, there are over 5 million registered trademarks in our country, with at least 50000 applications for renewal and around 50000 applications for change each year. Among the over 5 million registered trademarks, there are several hundred thousand main trademarks of large-scale enterprises, and monitoring and raising objections to them also generates a significant amount of business.The trademark legal service business is not only large in volume, but also covers nearly 40 types of service projects (see Annex 5).According to preliminary statistics from China Intellectual Property Daily, the annual agency fees for trademark application and other agency services in China alone reach 5 billion yuan. The agency fees for trademark protection and anti-counterfeiting, civil infringement, consulting and consulting, monitoring and other services are not lower than those for trademark application and other agency fees. Therefore, the estimated agency fees for trademark legal services in China are currently over 10 billion yuan.After the lawyer * * * intervenes in trademark business and the fees become more reasonable, the fee standards will be significantly increased, and the income from trademark business will definitely be considerable at that time.It is precisely based on the huge trademark legal service market in China that as of August 30, 2011, there were 6572 trademark agencies in China, and 900 new ones were added from January to August 2011. However, the total agency volume of the top ten trademark application agencies is less than 8%, indicating that the competition in trademark agency business has not yet formed a monopoly, and lawyers still have the opportunity (see Annex 6).2、 The overall level of trademark legal services in China is lowThe trademark agency business in our country began in the early 1990s. At that time, the agency agencies were mainly public institutions under the industrial and commercial bureaus of various provinces, cities, and economically developed regions and cities. Most of the employees were staff from the original trademark offices and departments of the industrial and commercial bureaus. Their legal service experience and level were not high, and they could only handle simple trademark applications and trademark rights disputes.After 2003, the State Council abolished the administrative approval for trademark agency and opened up the business of trademark agency. Trademark agency agencies grew rapidly like mushrooms after rain, from 147 in 2002 to 5678 in 2010 (see Annex 7). Although the quantity has increased, the quality is still uneven. Consulting companies, newspapers, advertising agencies, matchmaking agencies, and even shoe and car repair workers also work part-time as trademark agents.There is almost no threshold for trademark agency, and practitioners are mixed with good and bad. Unfair competition, violation of professional ethics, one hand supporting two people, illegal transfer of customer trademarks, malicious objection, forging of trademark acceptance notices, collection of customer official fees and agency fees, and human evaporation often occur. There is no way for customers to complain, and the trademark authority and trademark association agent branch are also helpless because there are no regulatory laws, regulations, or rules. Customers can only sit quietly at the entrance of the State Administration for Industry and Commerce. Fake evidence and official seals have caused headaches for the Trademark Office and commercial judges. The backlog of a large number of cases by the Trademark Office and the judges is closely related to the low level of non-standard trademark legal services.Due to the low service level and lack of experience of most trademark agency companies, they can only attract customers by reducing agency fees. Before 2003, the agency fee for each trademark application was around 1000 yuan, which was much lower than the international average agency fee of about $2000. At present, the agency fee for each trademark application has been reduced to 200 yuan by many agency companies, and even as low as 50 yuan. Administrative litigation for trademark rights confirmation is a high-level, sophisticated, and cutting-edge business of trademark business, and agency companies only charge around 2000 yuan for such cases, far below the cost price. The level of service can be imagined. In a solemn court, such agents cannot even answer the plaintiff's name and place of residence smoothly, seriously affecting judicial efficiency.Of course, among many agency companies, there are indeed a few that have been established for a long time, high service levels, and rich experience. However, it should be emphasized that most of these agency companies are serving foreign customers. When the agents of domestic enterprises encounter them, they are not a heavyweight at all, which is very detrimental to the maintenance of the interests of domestic enterprises.In short, the chaotic situation in the trademark agency industry has seriously damaged the interests of customers, increased the workload for trademark administrative and judicial authorities, and seriously affected efficiency. The overall low level of trademark legal services in our country has created obstacles to the development of our trademark industry and the implementation of intellectual property strategies, to the point where governance is necessary. Otherwise, it will have a negative impact on our social and economic development, transformation of economic development mode, and participation in international competition.3、 Lawyers have not become the leading force in trademark legal servicesAt present, most trademark legal services in China are represented by agency companies, and lawyers have not yet become the main force in trademark legal services. The reason analysis is as follows:1. There have always been obstacles for lawyers to engage in trademark agency businessTrademark agency business is the foundation of other trademark legal services. Only by providing good trademark agency services or having rich experience in trademark agency can we better engage in other trademark legal services. However, for a long time, lawyers have been excluded from trademark agency business and cannot provide * * * trademark legal services, which seriously affects the development of lawyer trademark business.2. Insufficient understanding of the important role of trademarks and trademark legal services by lawyersDue to the fact that lawyers do not engage in trademark agency business, they fail to recognize the commendation function of trademarks and overlook the important role of trademarks in a market economy.Lawyers have always mistakenly believed that trademark legal services are simple and not what lawyers should do. In fact, there are many types of trademark business, complex procedures, and a large amount of evidence. Various rights conflicts, trademark approximations, and the scope of trademark protection are all dynamic, providing lawyers with space to play a role.3. Low fees for trademark legal servicesThe level of trademark legal services is complex, the cycle is too long, the amount of evidence is large, and many rights conflicts are involved. Lawyers have a large workload, but their income is low, and most of them use risk agency. The investment and income of lawyers are not proportional, and young lawyers are unwilling to do trademark business in order to survive. Many high-quality lawyers, even those who study intellectual property, give up trademark business.Chapter 3 Comprehensive Analysis of Lawyers' Ability and Responsibility to Provide Trademark Legal Services1、 The necessity for lawyers to engage in trademark legal servicesTrademark is a tool for enterprises to obtain profits, and enterprises need to receive a large amount of important legal services in the process of creating, using, managing, and protecting trademarks. The duty of a lawyer is to serve the clients and seek to maximize their interests. Lawyers cannot stand idly by when it comes to the demand for corporate trademark legal services. Lawyers, as long-term or specialized legal advisors for enterprises, also have the responsibility to assist enterprises in using trademarks to obtain greater benefits for the enterprise. They may not provide or fail to provide trademark services, and may not be competent in providing legal services for modern enterprises. Engaging in trademark legal services not only expands the professional field of lawyers, enabling them to provide intellectual property legal services and increase income, but also contributes to the implementation of the national intellectual property strategy and the transformation of economic growth. It is very necessary for lawyers to provide good trademark legal services.2、 The possibility of lawyers providing trademark legal servicesTrademark business belongs to legal services. Is it legal for enterprises to use and apply for trademark registration? Is there a conflict with prior rights? Review and administrative litigation after trademark rejection; After the successful registration of a trademark, there are legal issues related to the administrative, civil, and criminal protection of exclusive rights, such as providing evidence to prove legal facts and applying the law.Lawyers are professionals engaged in legal services and undoubtedly have the possibility of providing trademark legal services. Compared to * * * business, lawyers are more likely to engage in trademark business. Trademarks do not have a professional threshold for lawyers, and lawyers have more opportunities to interact with enterprises and have a better understanding of them. In trademark business, it is often necessary to provide evidence to prove the time and popularity of trademark use, and engaging in such work is the expertise of lawyers. Especially in cases such as trademark administrative rights confirmation, trademark disputes, and trademark exclusive rights protection, legal representation is more suitable. Therefore, trademarks are the main aspect of a lawyer's intellectual property business, and lawyers are better able to grow rapidly and achieve results in this area.3、 Lawyers have obvious advantages in providing trademark legal servicesCompared with trademark agents, lawyers have higher legal literacy, proficient legal service skills, * * * litigation skills, and comprehensive service capabilities. We have every reason to believe that lawyers can do a good job in trademark business, and we also have every reason to believe that lawyers do better than trademark agents. Many trademark agency companies claim to have many lawyers, and trademark agents also claim to be lawyers, which proves that lawyers have more advantages than trademark agents. Moreover, lawyers have a strong sense of professional ethics and norms. Lawyers generally do not handle tasks such as supporting two families and forging evidence, otherwise they will ruin their jobs. If the interests of clients are harmed, they can file a complaint with the Judicial Bureau or the Lawyers Association. The competent department will punish lawyers in accordance with relevant provisions of laws, regulations, and rules such as the Lawyers Law. If there is any liability such as compensation, customers do not need to worry. In addition to the joint liability of law firm partners, there is also lawyer's practice insurance as protection. Therefore, considering the professional level, regulatory methods, and customer interest protection of lawyers, it is not only possible but also has obvious advantages for lawyers to engage in trademark business.4、 Internationally, trademark legal services are primarily provided by lawyersTrademarks are an important means for developed countries to gain global benefits, so they attach great importance to trademarks. Multinational companies not only have a few or even dozens of full-time trademark lawyers, but also need to hire * * * trademark lawyers to assist in difficult and complex trademark cases. Siemens in Germany has over thirty trademark lawyers, and there is a specialized trademark lawyer association in the UK, which demonstrates the uniqueness of trademark lawyers in the legal community. Trademark legal services in developed countries such as the United States are mainly provided by lawyers, with the focus on formulating and implementing corporate trademark strategies and strategies. Trademark litigation is in a secondary position, and foreign trademark lawyers are playing an increasingly important role in the decision-making and operation of enterprises.5、 The barrier for lawyers to engage in trademark agency business has been broken downTrademark legal services are of great significance to enterprises, society, and the country. Lawyers are the best choice for trademark legal services, but for a long time, lawyers have been excluded from trademark agency business. In recent years, with the efforts of the Ministry of Justice and the All China Lawyers Association, on July 12, 2010, the State Administration for Industry and Commerce finally revised the "Measures for the Administration of Trademark Agency", which stipulated in Article 4: "If an applicant applies to establish a trademark agency organization, the applicant shall apply for registration with the local industrial and commercial administration department at or above the county level, and obtain the" Enterprise Legal Person Business License "or" Business License ". If a law firm engages in trademark agency, the provisions of the preceding paragraph shall not apply." This provision means that lawyers can engage in trademark agency business in the name of a law firm. From then on, the barriers to trademark agency business have finally been broken down, and lawyers can intervene in trademark legal services. The lawyer's trademark business chain has been formed.At present, the Ministry of Justice and the State Administration for Industry and Commerce are jointly formulating the Management Measures for Law Firms Engaging in Trademark Agency Business. After the implementation of this measure, the law firm can file with the Trademark Office, prepay the prescribed fees to the designated account, and officially submit the application documents for trademark registration.6、 Chinese lawyers have accumulated certain experience in trademark legal servicesPreviously, lawyers could not engage in trademark agency business and only handled trademark civil infringement litigation, trademark contract draftingReview, trademark consulting, and other related businesses. But trademark agency not only has a large business volume, but also serves as the foundation for doing other trademark businesses well. More importantly, enterprises need high-quality trademark agents. For this reason, since 1999, law firms have successively established agency companies to engage in trademark agency business in the name of agency companies. According to statistics, at least 89 law firms in Beijing have established law firms, including the top 10 law firms in terms of business revenue. It should be said that these law firms have to some extent met the needs of clients and accumulated some experience in trademark legal services. Some major trademark cases are basically represented by lawyers, which has a certain influence in the industry. Based on these law firms and lawyers, it is entirely possible to develop and strengthen the trademark lawyer team.Chapter 4 Prospects of Lawyers Engaging in Trademark Legal Services1、 The volume of trademark legal services in China is huge and continues to increaseAt present, there are a large number of trademark applications, which have brought a lot of trademark business. However, Chinese lawyers are still concerned whether this is a flash in the pan and have concerns about engaging in trademark legal services. Therefore, through research and analysis, we predict the main trademark legal services after 2011 as follows:1. Domestic trademark applications will remain above 1 million in recent years;2. Reject no less than 50000 applications for reexamination per year;3. There will be more than 50000 trademark objections;4. Trademark review cases have maintained a significant growth on the basis of over 70000 cases;5. The number of administrative litigation cases for trademark confirmation is rapidly increasing on the basis of 3000 cases;6. The number of trademark administrative complaints should be over 70000;7. Trademark infringement lawsuits may grow exponentially, reaching tens of thousands of cases per year.The above prediction is mainly based on the following factors:1. The state and governments at all levels vigorously promote the national intellectual property strategy;2. The State Administration for Industry and Commerce actively implements the national trademark strategy;3. The State Administration for Industry and Commerce vigorously promotes the strategy of geographical indication certification trademarks and agricultural product trademarks;4. There are over 40 million market entities in China, and currently, on average, only 16 enterprises have one registered trademark;5. The awareness of corporate trademarks is gradually increasing, and they will choose more prominent trademarks again;6. Shortening the trademark examination cycle will stimulate an increase in the number of trademark applications;7. After the amendment of the Trademark Law, expanding the subject and object of trademark application, establishing the formulation of examination opinions, increasing infringement costs, and other modification contents will generate a lot of business;In the future, more Chinese companies will go global and more foreign companies will enter China.2、 Lawyer * * * entering the field of trademark legal services will increase the volume of trademark business1. The lawyer's association suggests that clients exhaust all the rights granted by the Trademark Law, protect their interests, and increase the number of trademark cases;2. Lawyers have a more accurate understanding of conflicts of rights, prior rights, malicious registration, and may advise clients to assert their rights to the greatest extent possible;3. In order to prevent others from hitchhiking, cross class protection cases may increase significantly;4. Lawyers have the ability to provide high-end services such as trademark strategy that most agency companies cannot provide, and these businesses will gradually be cultivated as the lawyer's trademark business deepens;5. With the accumulation of experience and improvement of level, lawyers * * * will actively participate in trademark related affairs of enterprises, serve as long-term trademark consultants, provide advice and suggestions for enterprises, fully play the role of trademarks, and help enterprises develop.3、 Lawyers will undoubtedly become the main force in trademark legal servicesFor a long time, although the basic trademark agency business in China has mainly been represented by trademark agency companies, many law firms and lawyers in China have already started trademark agency business by establishing trademark agency companies for a long time, and have a relatively solid foundation. In addition, almost all difficult and complex trademark rights and infringement litigation cases in our country are represented by lawyers, and some lawyers already have very rich experience. At present, China has initially formed a group of lawyers who can provide high-quality trademark legal services. With the breaking of barriers for Chinese lawyers to engage in trademark agency business, more lawyers will inevitably engage in trademark legal services.The needs of the country and enterprises, the progressiveness nature of lawyers and the existing foundation of lawyers in trademark legal services make it reasonable for us to foresee that in the next 3-5 years, most of the trademark agency business will be represented by lawyers, and all difficult and complicated trademark rights determination and infringement cases will be represented by lawyers. Lawyers will become the main force of trademark legal services.Chapter 5 How Lawyers Can Provide Good Trademark Legal Services1、 Lawyers need to practice their internal skills well1. The level of lawyer trademark agency needs to be improvedLawyers can now engage in trademark agency business, and they also have the ability to do this business well, but they need to prevent crowding over, which may lead to a decrease in service quality. Due to the fact that trademark agency business has always been closed to lawyers, lawyers have not given enough attention to trademark business in the past. Although some law firms and lawyers have started to engage in trademark agency business in recent years, and even major cases of trademark litigation are mostly represented by lawyers, the overall level of trademark legal services provided by lawyers needs to be improved. Most lawyers have not been involved in trademark business, and some lawyers make jokes or even harm the interests of clients in trademark agency business. For example, if the trademark has not yet been preliminarily reviewed and announced, they represent clients to raise disputes with the commercial evaluation committee; Accusing others of infringement based on the trademark acceptance notice; The lawyer for trademark investment did not conduct due diligence, and the trademark owner is not an investor.2. The trademark agency cycle is long and the time limit is short, requiring the formation of a long-term and stable * * * teamDue to the complexity of the trademark rights confirmation process, a trademark application can go through all administrative and judicial procedures up to 20 times, and each process cycle is long. An application takes several years or even more to complete, but the time limit for administrative procedures is very short, with only fifteen days for rejecting and opposing applications for re examination. The Trademark Office and the Commercial Evaluation Commission handle trademark cases in writing and never inform the members of the collegial panel. The examiner also does not proactively contact the agent, and the agent can only passively accept notifications from the Trademark Office and the Commercial Evaluation Commission. Therefore, the agent must have a strong sense of responsibility and closely follow every procedure, otherwise it will miss out on major matters. It can be seen that trademark agency business is significantly different from traditional businesses such as securities and litigation, and there are significant risks involved. A long-term and stable * * * team needs to be established to be competent in this job. Law firms should have sound business processes, risk control, personnel management, and other rules and regulations for trademark agency business to ensure business quality.3. Trademark business requires lawyers to invest wisdom and effortEnterprises need to invest wisdom and effort to cultivate a trademark into a brand with high visibility and reputation. Trademarks, based on their intangible characteristics, are more difficult to protect compared to tangible property. A trademark that has been established for a hundred years is insufficient, and it can be more harmful in a moment. Lawyers need to invest more energy and wisdom than tangible assets to comprehensively cultivate, manage, and protect the trademark as the primary asset of the enterprise.2、 The Ministry of Justice vigorously promotes, provides policy support, organizes and coordinates, strengthens supervision, and safeguards rights and interests1. Vigorously promoteAfter the promulgation of the "Management Measures for Law Firms Engaging in Trademark Agency Business", the Ministry of Justice is requested to take this opportunity to issue a document,Clarify the implementation of lawyer trademark agency services by judicial administrative agencies and law associations at all levels. We attach great importance to and promote a series of activities related to lawyer trademark legal services, and use all resources and opportunities to strengthen publicity and promotion. If necessary, we will invite department leaders to attend press conferences and accept media interviews, emphasizing that lawyers attach great importance to trademark business. Lawyers have not only started to engage in trademark agency business, but also will definitely do a good job in trademark agency business. Strive to improve the level of trademark services provided by lawyers, and create a win-win situation for trademark authorities, judicial authorities, enterprises, and lawyers.2. Policy supportLawyers have deep-rooted biases towards trademark business, and there is corresponding policy support within the department. Even small and vague policies can touch lawyers, prompting them to understand, care for, and participate in trademark business, forming a broader understanding and expanding their influence. Introducing preferential policies, especially providing tax reduction, exemption, and refund support to newly established law firms engaged in trademark agency business, creating a favorable environment for lawyers to engage in trademark business, can attract intellectual property agency companies to switch to law firms, increase the talent of trademark lawyers, expand the legal team, and enhance the influence of lawyers in the intellectual property industry.3. Organizational coordinationPlease coordinate with local judicial bureaus and legal associations to support a series of activities related to trademark legal services provided by lawyersProvide strong support for training, seminars, exchanges, and other related activities.After lawyers intervene in trademark agency business, they can improve the efficiency of the trademark office and commercial judges, and reduce the pressure of cases. Therefore, the Ministry of Justice, the Lawyers Association, the Trademark Office, and the Commercial Evaluation Commission have become a community of shared interests. The Ministry is requested to communicate and cooperate with relevant units in various aspects to form a new situation of mutual benefit and common development.The Beijing First Intermediate People's Court, Beijing High Court, and the * * * High Court of the retrial court have been designated as the jurisdictional courts for trademark confirmation cases since 2002. After ten years of practice, they have already achieved a high level of trademark case trial. Lawyers have also accumulated corresponding experience, but not as good as the court's summary and improvement. The two require in-depth communication, which is beneficial for the court to solve the backlog of cases, conduct fair trials, improve their professional skills, and protect the interests of clients. In addition, such cases have a short trial time, which seriously affects the lawyer's performance. The court acknowledges that trademark agents act for a fee and other behaviors that harm the lawyer's interests need to be corrected by the court as soon as possible. But this requires the organization and coordination of the Ministry of Justice to be more effective.4. Strengthen supervisionTrademark agency business allows lawyers to do it, but we must not mess it up. Otherwise, not only will lawyers not have the opportunity to do trademark business, but it will also affect the expansion of intellectual property business such as * *. The complexity, long cycle, and short time limit of trademark agency procedures, as well as the strong mobility of personnel in law firms and the possibility of many lawyers participating in trademark agency business, determine the high risks of these businesses, so strict supervision is necessary.5. Safeguarding rights and interestsFor a long time, lawyers have not been able to engage in trademark agency, but staff of trademark agency agencies can act as paid agents for trademark administrative rights and other litigation cases as citizens. Such litigation is a high-level, sophisticated, and cutting-edge business of trademarks. According to statistics from the Beijing First Intermediate People's Court, more than 90% of trademark administrative rights litigation cases are represented by trademark agents. On the one hand, trademark agents lack necessary and systematic legal training on litigation procedures, evidence rules, legal application, liability principles, and scope of responsibility, which makes it difficult for them to have a * * * * level, harms customer interests, and affects the fairness of court judgments; On the other hand, it disrupts the market, making it difficult for lawyers to collect and pay equivalent agency fees, and judicial administrative agencies and legal associations cannot effectively regulate and control risks. The overall quality of such litigation representation cannot be improved, which undermines the seriousness of the judicial system. Trademark agents, in order to win the trust of customers, charge higher agency fees by claiming to be lawyers and claiming that the company has several lawyers, which damages the image and interests of lawyers and has a negative impact on society. Please coordinate with relevant departments to resolutely rectify the above two phenomena.3、 Please promote, support, and encourage the National Bar Association1. PromotionThe National Lawyers Association can utilize the magazine, website, and cooperative media of China Lawyers to promote the positive significance of lawyer trademark business from multiple perspectives, classic cases, and * * * lawyers in the long term. Utilize opportunities such as training, seminars, annual meetings, and international exchanges to vigorously promote the trademark business of lawyers and create influence in the legal community. This will not only attract * * * lawyers and young lawyers to join, but also allow lawyers to encounter such business and recommend it to trademark lawyers, increase the volume of trademark business for lawyers, help trademark lawyers accumulate experience, and grow rapidly.2. SupportThe National Lawyers Association is requested to provide significant funding support for lawyer trademark activities on an annual basis. The Intellectual Property Commission needs to do a lot of work, including basic training, high-end seminars, international peer exchanges, and media support.3. EncouragementThe National Lawyers Association should take advantage of various opportunities to encourage trademark lawyers, giving them a sense of honor and mission. In the evaluation and promotion activities, more quota should be given to trademark lawyers, and individual honors and honors can also be considered to establish a good image of lawyer trademark legal services.4、 Guidance, training, and standardization of trademark business by the National Lawyers and Intellectual Property Commission1. GuidanceOpen online answers, revise the China Trademark Business Guide, and organize experienced members to guide lawyers in trademark business in various forms.2. TrainingThe Intellectual Property Commission plans to provide various forms of trademark business training, including basic and high-end services, lawyers and officials, free and paid services, online and on-site services. The aim is to enable some lawyers to master the basic knowledge and skills of trademark agency in a short period of time, and to cultivate a group of trademark lawyers with a certain level of expertise to represent difficult cases, forming a group advantage and driving the trademark business of other lawyers.3. NormsOrganize experienced lawyers to write "Trademark Business Risk Tips" and "Trademark Business Guidelines" to help lawyers avoid risks and regulate their trademark business. At the same time, standardize trademark business fees, avoid low price competition, ensure the basic income of trademark lawyers, and create conditions for healthy development.Chapter 6 The Importance of Lawyers Providing Good Trademark Legal ServicesTrademark legal services are important legal services for enterprises under modern market economy conditions, as well as intellectual property legal services that lawyers can easily and effectively provide. We must have a profound understanding and confidence in this regard. Moreover, providing good trademark legal services by lawyers is of great significance to the country, trademark authorities, enterprises, lawyers themselves, and other parties:1、 Beneficial for the implementation of the national intellectual property strategy, serving the transformation of the country's economic development mode, and building an innovative countryIn a market economy, competition between enterprises is becoming increasingly fierce, and intellectual property rights such as trademarks have become an important driving force and core competitiveness for sustainable development of enterprises. It determines whether enterprises can break through various barriers and step out of * * *, and determines their future and even life and death. Intellectual property has become an important manifestation of national competitiveness and the foundation for establishing an innovative country. Lawyers providing trademark legal services is of great significance for China to implement its national intellectual property strategy, accelerate the transformation of economic development mode, and build an innovative country. China is vigorously promoting the National Intellectual Property Strategy, one of the three major national strategies. The Party and * * * have repeatedly emphasized the implementation of the National Intellectual Property Strategy, and intellectual property also plays an important role in the process of transforming the country's economic development mode. High quality trademark and other intellectual property legal services are of great significance for the acquisition, management, application, and protection of intellectual property, and are an important and indispensable component of the national intellectual property strategy.Lawyers have relatively higher legal and political literacy, and have more * * * legal knowledge and skills. They are representatives and important guarantees of the progressiveness of legal services in China. Lawyers actively expand and engage in intellectual property legal services such as trademarks, which can also be said to be contributing to the implementation of national policies, serving the overall situation, and contributing to the prosperity and rejuvenation of the country, and has strong political significance.2、 Beneficial for lawyers to serve agriculture, rural areas, and farmers, and can have a good social effectThe State Administration for Industry and Commerce is carrying out the work of serving rural areas with geographical indications, certification trademarks, and agricultural product trademarks. This work is of great significance for China's agricultural industrialization, increasing farmers' income, and developing rural economy. Lawyers can cooperate with the Trademark Office, local governments, and industry associations to actively help popularize the Trademark Law, enhance the trademark awareness of agricultural industry practitioners, actively act as agents for geographical indications, certification trademarks, and agricultural product trademark rights confirmation and protection, assist in trademark management and operation, and improve the competitiveness of China's agricultural products in the international market. This is a great way for lawyers to serve agriculture, rural areas, and farmers, and it will undoubtedly have a good social effect in our country, which is very worthy of vigorous promotion.3、 It is conducive to reflecting the positive role of the Ministry of Justice in guiding lawyers to serve the national intellectual property strategy and serve the national economic constructionUnder the strong promotion of the Ministry of Justice, lawyers have successfully expanded their trademark agency business, which is an important contribution made by the Ministry of Justice to the development of the legal industry. Lawyers providing trademark legal services can further amplify this effect, fully demonstrating that the Ministry of Justice is actively guiding lawyers to serve society, the government, and the country's economic development. Lawyers have made achievements in the field of trademarks, and the Ministry of Justice can publish their achievements in implementing the national intellectual property strategy at the inter ministerial joint meeting, reflecting the role of judicial administrative agencies in the national intellectual property strategy.4、 Beneficial for improving the efficiency of trademark authorities and courts, reducing case backlog, and improving the quality of case trialsWith the addition of more lawyers, the level of trademark legal services provided by lawyers has improved, and the trademark business of lawyers has been improved and upgraded. The overall service quality of lawyers will be significantly higher than that of trademark agents, which can significantly improve the work efficiency of trademark offices, commercial judges, and courts. Reducing the backlog of cases and reducing work pressure, trademark authorities, courts, and lawyers can easily form a positive interaction, which will greatly help to jointly improve the level of trademark confirmation and protection. It is bound to promote the development of China's trademark industry, better serve enterprises, and increase domestic and international competitiveness.5、 Beneficial for promoting the expansion of lawyer business, expanding the influence of lawyers, and improving the social status of lawyersLawyers providing good trademark legal services and forming a positive interaction with the trademark authority can have a series of positive impacts, such as improving the efficiency of the trademark authority, eliminating backlog of cases, etc. It can greatly help expand the intellectual property business of lawyers, and also drive other legal services to increase the volume and income of lawyers.Trademark and other intellectual property legal services are high-end businesses in legal services. Doing a good job in trademark legal services is beneficial for lawyers to upgrade and transform, improve their level and social status. In addition, trademark legal services are mostly non litigation businesses, and even if there are litigation businesses, there is no strong confrontation with public power. The scope of trademark legal services is broad and there are many customers. Providing good trademark legal services can easily change the negative evaluation of lawyers by the public, and is conducive to establishing a positive image of lawyers serving enterprises, society, and the country.
