A Beijing lawyer explains the differences between agency contracts and intermediary contracts: An agent conducts transactions in his own name and is directly liable to third parties, while an intermediary merely reports or provides opportunities for transactions.
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A Beijing lawyer explains who is responsible when a contractor subcontracts work: The contractor is responsible to the client for the work results, and the client's consent is required for major subcontracting of work.
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A Beijing lawyer explains the role of sealing samples in sample sales: Sealed samples are key evidence for determining quality benchmarks, and the delivered goods should meet the same quality standards as the samples and their descriptions.
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A Beijing lawyer explains whether the expiration of a trial purchase is considered a purchase: If no statement is made after the expiration of the period, it is considered a purchase; and if the buyer has already made a payment or disposed of the goods in a manner that is not considered a trial purchase, it is also considered a purchase.
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A Beijing lawyer explains the conditions for terminating the contract in installment sales: If the unpaid due amount reaches one-fifth of the total price and the buyer still fails to pay after being reminded, the seller can terminate the contract or demand full payment.
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A Beijing lawyer explains how to determine the deadline for inspecting goods: If there is a contractual agreement, the deadline shall be determined in accordance with the contract; if there is no contractual agreement, the party shall raise objections within a reasonable period of time or within two years from the date of receipt of the goods.
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A Beijing lawyer explains whether express delivery receipts can prove delivery: They can usually be used as preliminary evidence, but it depends on the subject and content of the receipt, and often requires corroboration by other evidence.
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A Beijing lawyer explains how to preserve WeChat records as evidence: retain the original carrier, prove identity consistency, ensure the content is complete, and, if necessary, obtain notarization or appraisal.
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A Beijing lawyer explains the difference between defensive trademarks and joint trademarks: The former involves registering the same trademark across different categories, while the latter involves registering similar trademarks within the same category. Both are defensive strategies.
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A Beijing lawyer explains whether it's possible to reapply for a trademark after it's been revoked: Yes, but similar applications within one year will not be approved, and it's necessary to avoid infringing on prior rights.
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A Beijing lawyer explains the time limit for declaring a trademark invalid: there are no restrictions for absolute grounds, but relative grounds generally should be raised within five years from the date of registration, with exceptions for well-known trademarks.
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A Beijing lawyer explains whether a trademark can be used again after it has been declared invalid: In principle, it should not be used again. The exclusive right to use the trademark is deemed to have never existed, and continued use may constitute infringement.
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A Beijing lawyer explains the differences between trademark objections and invalidation declarations: Objections are made within three months of the initial review announcement, while invalidation declarations are made against registered trademarks subject to a five-year limitation period.
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A Beijing lawyer explains who should be held responsible for injuries caused by potholes left after road construction: Generally, the construction unit or the road management unit should bear the responsibility. If no warning or protective measures are taken, they must compensate for the injuries.
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A Beijing lawyer explains who should compensate for injuries caused by the lack of warning signs at construction sites: Generally, the construction unit is responsible. If there are no clear signs or safety measures in place, they must bear tort liability.
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