Current location - Trademark Inquiry Complete Network - Trademark inquiry - Aren’t the Industrial and Commercial Bureau and the Trademark Office the same department? What do they do respectively?
Aren’t the Industrial and Commercial Bureau and the Trademark Office the same department? What do they do respectively?

It does not belong to a department, but to an agency. The Industry and Commerce Bureau is the government department in charge of market supervision and administrative law enforcement. Its full name is the Trademark Office of the State Administration for Industry and Commerce, and it is an agency directly under the State Council. The Trademark Office belongs to the State Intellectual Property Office. The Trademark Office is an bureau within the Industrial and Commercial Administration, not a different administrative unit, because it is a branch of the same unit.

The main responsibilities of the Industry and Commerce Bureau:

1. Responsible for market supervision and administrative law enforcement, drafting relevant draft laws and regulations, and formulating industrial and commercial administrative regulations and policies.

2. Responsible for the registration, supervision and management of market entities such as various enterprises, farmers' professional cooperatives, units and individuals engaged in business activities, and permanent representative offices of foreign (regional) enterprises, and responsible for investigating and punishing illegal activities in accordance with the law. business responsibilities.

3. Be responsible for regulating and maintaining the order of various market operations in accordance with the law, and be responsible for supervising and managing market transactions and online commodity transactions and related services.

4. Responsible for supervising and managing the quality of goods in the circulation field, organizing and carrying out consumer rights protection work in the service field, investigating and punishing illegal activities such as counterfeiting and shoddy products according to the division of labor, and guiding consumer consultation, complaints, report acceptance, processing and network systems Construction and other work to protect the legitimate rights and interests of operators and consumers.

5. Be responsible for investigating and handling illegal direct selling and pyramid selling cases, and supervise and manage direct selling enterprises, direct sellers and their direct selling activities in accordance with the law.

6. Price monopoly behavior is excluded from the anti-monopoly law enforcement work in charge of monopoly agreements, abuse of market dominance, and abuse of administrative power to eliminate and restrict competition. Investigate and deal with unfair competition, commercial bribery, smuggling and other economic violations in accordance with the law.

7. Responsible for supervising and managing brokers, brokerage institutions and brokerage activities in accordance with the law.

8. Implement contract administrative supervision and management in accordance with the law, be responsible for managing the registration of chattel mortgages, organize, supervise and manage auctions, and be responsible for investigating and punishing contract fraud and other illegal activities in accordance with the law.

9. Guide the development of the advertising industry and be responsible for the supervision and management of advertising activities.

10. Responsible for trademark registration and management, protecting trademark exclusive rights and investigating trademark infringements in accordance with the law, handling trademark disputes, and strengthening the identification and protection of well-known trademarks. Responsible for the registration, filing and protection of special signs and official signs.

11. Organize and guide the credit classification management of enterprises, individual industrial and commercial households, and commodity trading markets, research and analyze and publish basic registration information of market entities, trademark registration information, etc. in accordance with the law, and provide information services for government decision-making and the public. .

12. Responsible for the service and supervision of the business activities of individual industrial and commercial households and private enterprises.

13. Carry out international cooperation and exchanges in industrial and commercial administration.

14. Lead the national industrial and commercial administration work.

15. Undertake other matters assigned by the State Council.

The main responsibilities of the Trademark Office:

Assume administrative functions such as trademark registration and management, and is specifically responsible for national trademark registration and management, protect trademark exclusive rights in accordance with the law, investigate and deal with trademark infringements, and handle Trademark dispute matters, strengthen the identification and protection of well-known trademarks, be responsible for the registration, filing and protection of special signs and official signs, research, analyze and publish trademark registration information in accordance with the law, provide information services for government decision-making and the public, implement trademark strategies, etc. , undertake other matters assigned by the State Administration for Industry and Commerce.

Extended information:

The Trademark Office consists of the General Division, the Application Acceptance Division, the First Examination Division, the Second Examination Division, the Third Examination Division, the Fourth Examination Division, the Fifth Examination Division, and the International Registration Office. , 16 functional departments including the First Opposition Ruling Division, the Second Opposition Ruling Division, the Trademark Archives Division, the Change and Renewal Division, the Legal Affairs Division, the Case Guidance Division, the Supervision and Management Division, and the Computer System Management Division, with a staff of 245 people. There are currently 210 staff members, including 144 examiners.

After the founding of the People’s Republic of China, my country’s trademark registration work was successively managed by the Central Bureau of Private Enterprise and the Central Administration for Industry and Commerce. After the establishment of the People's Republic of China and the State Administration for Industry and Commerce in 1978, a Trademark Office was established within it.

According to the Trademark Law promulgated in 1982, the Trademark Office is responsible for the registration and management of trademarks nationwide. The local industrial and commercial administrative agencies supervise and manage the use of trademarks, and investigate and deal with infringement of registrations ex officio or at the request of the right holder. Trademark exclusive rights activities protect the legitimate rights and interests of trademark owners and consumers.

Reference materials: Baidu Encyclopedia—Industrial and Commercial Bureau

Reference materials: Baidu Encyclopedia—Trademark Office