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Cut & Paste of Client’s Signatures Received 10000 RMB Penalty

On August 8, 2019, when an intellectual property agency company accepted Lin's entrustment to act as an agent for the trademark transfer of clients Fan and Qian, it submitted an application for the transfer of the trademark No.13992472 "Liang Gang" via the online platform of the Trademark Office, and the agent transferred the trademark No.13992472 "Liang Gang" under client Fan’s name to client Qian. Due to the formality defects in the Power of Attorney of the transferor and transferee submitted during the application, the Trademark Office issued the Notification of Rectification. The parties submitted the amended Power of Attorney to the Trademark Office through online platform on August 18, 2020. In the newly submitted Power of Attorney of the transferor and transferee, the signatures of the clients Fan and Qian were not their true signatures, but were cut and pasted from the Power of Attorney submitted by the parties on August 8, 2019. 

Fengtai District Market Supervision Administration of Beijing punished connected agency for forging, altering or using forged or altered legal documents, seals and signatures in the process of handling trademark agency matters. The above-mentioned acts of the parties are suspected of violating Article 68.1.1 of the Trademark Law, and administrative penalties shall be imposed according to the provision. There is no illegal income, or the amount involved is less than 5,000 yuan. The parties involved were ordered to correct the above-mentioned illegal acts and also fined RMB 10,000 yuan. 

China has not introduced the "General Power of Attorney" to its trademark application system, yet a corresponding signed or sealed Power of Attorney must be submitted for each application. It is a violation of the law to cut & paste the applicant's signature for repeated use in trademark application, and applicants who apply for trademarks through agencies shall pay special attention.