Ma Xiang, male, senior partner of Beijing Tianchi Juntai law firm, deputy director (in charge of trademark) of the intellectual property professional committee of the National Association of lawyers. He founded the trademark professional committee of the Beijing Association of lawyers and served as the director for three consecutive terms. He is a national excellent lawyer, one of the top ten intellectual property lawyers in Beijing, and an expert of the national intellectual property strategy expert group. He has won the national intellectual property strategy implementation work advanced worker, the National Law Association professional contribution award, Beijing Law Association outstanding lawyer award, chambers Asia intellectual property lawyer leader, 2013 China's lawyer industry's most popular news person, China University of political science and law, national law college part-time professor, Beijing Lawyers Association Trainee lawyer lecturer group lecturer, national law society He is a member of the tour lecturer group of the association and a researcher of the intangible assets management research center of China University of political science and law. He is the first professional lawyer engaged in trademark business in China. Over the past 22 years, he has represented tens of thousands of domestic and foreign trademark applications, thousands of trademark objections and reviews, and hundreds of trademark administrative confirmation and trademark infringement cases. He is one of the few lawyers in China who can provide comprehensive, high-level and multi-level legal services such as trademark agency, litigation and intellectual property strategy services.
May 1993 to October 1993: Lawyer of Beijing Economic Law Firm
November 1993 to March 1994
From April 1994 to October 2020, lawyer and senior partner of Beijing Tianchi Juntai law firm
1、 Break the ice for lawyers to engage in trademark agency business, and actively broaden the path for lawyers to engage in intellectual property services
Trademark strategy is an important part of intellectual property strategy. Vigorously cultivating trademarks with international competitiveness and developing trademark economy is an important means to enhance the international competitiveness of enterprises and increase China's international discourse power, and is also the only way to change the development mode of service economy. In the past, there were institutional barriers for lawyers in trademark agency, and they were not allowed to represent trademark applications, objections, disputes, reexamination and other cases, which made lawyers basically isolated from trademark agency business. In order to remove the obstacles of lawyers' trademark agency business, Ma Xiang has continuously appealed to the Legislative Affairs Office of the State Council, the Ministry of justice, the all China Association of lawyers, the State Administration for Industry and Commerce and other departments to loosen the restrictions on Lawyers' trademark agency business through various forms such as legislative proposals, situation response letters, and seminars.
After the promulgation of the outline of the national intellectual property strategy, Ma Xiang submitted the proposal on promoting the legal service of the intellectual property strategy to the National Law Association and other relevant departments, analyzed that lawyers have professional legal quality and comprehensive service ability, and pointed out that lawyers should become an important part of the implementation of the national intellectual property strategy service system.
With the active efforts of the Ministry of justice, the National Association of lawyers and other competent departments as well as all sectors of the society, the State Administration for Industry and Commerce revised the "measures for the administration of trademark agency". In November 2012, the Ministry of justice and the State Administration for Industry and Commerce jointly promulgated the "measures for the administration of law firms engaging in trademark agency business", which finally opened the door to the majority of lawyers. In order to coordinate with the promulgation and implementation of the measures, Ma Xiang submitted to the Ministry of justice and the all China Lawyers Association the draft of the implementation plan for the publicity activities of lawyers engaging in trademark agency business, and put forward specific suggestions from the timing of the activities, the significance of lawyers engaging in trademark agency business, publicity objectives, publicity contents, publicity methods, training and implementation steps. Actively publish articles in China intellectual property newspaper, Legal Daily, China Lawyers magazine and other media, accept interviews, interpret the specific contents of the management measures, analyze the current situation and Prospect of lawyers' trademark agency business, explain how lawyers carry out trademark agency business, answer questions and solve doubts, and encourage and mobilize lawyers to participate in trademark agency business. Well known scholars and entrepreneurs are invited to publish articles on Lawyers engaging in trademark agency in China intellectual property news, pufa.com, cipnew and other well-known media, so as to raise public attention and expand the influence of lawyers engaging in trademark agency business.
2、 Actively guide lawyers to engage in trademark business, and help lawyers enhance their ability to engage in intellectual property services
In order to attract more lawyers to pay attention to trademark business, Ma Xiang actively guides and encourages lawyers to engage in trademark legal services in various forms on various occasions. In 2004, Ma Xiang proposed the establishment of a trademark professional committee to the Beijing Lawyers Association, which was strongly supported by the Beijing Lawyers Association and the capital lawyers. This is the first trademark professional committee in China's lawyers, Ma Xiang served as the director of the Committee for three consecutive terms from 2005 to 2012, driving the improvement of the trademark business level of lawyers in Beijing through professional committees, making the trademark business level of lawyers in Beijing a leading position in the country. He made a keynote speech entitled "trademark legal services, a business worthy of lawyers' attention and development" at the main forum of the Ninth National Lawyers' forum, and "trademark legal services in the ascendant" at the main forum of 2012 National Lawyers' intellectual property practice forum. Ma Xiang also taught "trademark business of lawyers in new fields" in the centralized training of lawyers applying for practice by Beijing Lawyers Association, helping interns understand trademark business and adding new blood to trademark legal services. In order to improve the level of trademark agency, we have compiled the guide to trademark business, which is the first book published by lawyers for trademark business and has profound guiding significance for engaging in trademark business. At the same time, on the basis of in-depth investigation and research, he wrote a research report on Lawyers engaging in trademark business, which outlines the necessity, feasibility and broad prospects of lawyers engaging in trademark business from the perspectives of the significance of trademarks to enterprises, the significance of trademark legal services, the current volume of trademark business and the prospect of trademark business in the future, and has been widely recognized in the industry The report became the material of the 9th National Lawyers forum. Ma Xiang also wrote "statistics of intellectual property business content and related data", through charts, tables and other forms of statistical analysis of the main types of trademarks, patents and copyrights in China in recent years, business volume, agency organization volume, etc., in an intuitive way to analyze the current situation of China's intellectual property agency industry. The data statistics were used as the meeting materials of 2012 National Lawyers' intellectual property practice forum, and got the attention and praise of the participating lawyers. Combined with the amendment of the trademark law, Ma Xiang also formulated the "guidelines for the operation of lawyers' trademark agency application business", which detailed the steps of trademark agency application to help lawyers understand and resist the risks of trademark agency. This paper studies the impact of the promulgation of the new trademark law on the trademark business of lawyers, points out that the implementation of the new law has brought a golden opportunity for lawyers to engage in trademark agency business and boosted their confidence in trademark business. In addition, he has published a number of professional articles on trademarks and carried out basic training on trademark agency services free of charge throughout the country.
3、 Always keep in the forefront of trademark legal services, known as the leader in the field of intellectual property
Ma Xiang is the first professional practicing lawyer in China to engage in trademark agency business. Over the past 20 years, he has represented tens of thousands of domestic and foreign trademark applications, thousands of trademark objection and dispute cases, hundreds of trademark administrative confirmation and trademark infringement cases, among which there are many major, difficult and complex cases. He has accumulated rich experience in trademark legal services, and is one of the few domestic lawyers who can provide trademark agency services Lawyers who provide comprehensive, high-level and multi-level legal services such as litigation and intellectual property strategic services.
After 20 years of intensive research, Ma Xiang is proficient in trademark and other intellectual property legal systems, trademark non litigation and litigation procedures, and has rich experience in litigation agency. He can quickly understand the needs of customers according to the different characteristics of enterprises and industries, provide the most thoughtful dispute resolution scheme for enterprises, and help enterprises safeguard their rights and interests to the greatest extent. He is especially good at handling difficult trademark cases. His law firm is currently the one with the largest number of similar cases. In addition to handling well-known trademark cases such as "ronghua", "Kangwang", "Cabernet", "yawang", "Baijia", "Liangzi", "Minsheng", i-map (industrial and Commercial Bank of China), "iPad" and "Great Wall", he also undertook the first reverse fake case Many of the first cases in China, such as trademark infringement case, the first anti unfair competition case, the first action to confirm non infringement of trademark rights, the first three-dimensional trademark registration application, and the first well-known trademark identification in service field, have been selected into the top ten intellectual property cases in China and the annual report of the Supreme People's court, and are known as the leaders in the field of intellectual property. In recent years, the major trademark cases and important cases in China are either represented or participated by them, or they are invited to issue expert opinions, which is well-known in the field of intellectual property rights in China.
Ma Xiang was also one of the first lawyers to put the trademark strategy into practice. When the outline of the national intellectual property strategy was promulgated, Ma Xiang issued a targeted proposal on the implementation of the intellectual property strategy to Beijing state owned Assets Administration Bureau, some industry associations, some large enterprise groups and some colleges and Universities to help the receiving party to clarify their own field or unit of knowledge The basic thinking of the formulation and implementation of property rights strategy. In addition, it is the first organization in China to hold a seminar on the practice of enterprise intellectual property strategy, inviting enterprises, scholars and lawyers to study and discuss the implementation of enterprise intellectual property strategy planning, so as to help enterprises establish the guiding ideology of intellectual property strategy.
In dealing with trademark cases, Ma Xiang timely digs the deficiencies and loopholes in the enterprise's intellectual property management system, and actively provides legal services such as trademark strategy and overall trademark planning for enterprises. Industrial and Commercial Bank of China, Shanghai Baosteel Group Co., Ltd., baidu Online Network Technology Co., Ltd., China Minsheng Bank
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