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1.
Both cancellation and invalidation of the trademark right cause termination of a trademark right.Most national trade- mark laws clearly distinguish the system of trademark can- cellation from that of trademark invalidation.In the current Chinese Trademark Law,however,the concept of"trade- mark right invalidation"is absent.Instead,the term of"can- cellation"is used to refer to the above two circumstances.In fact,"cancellation"as provided for in Article 41 of the  相似文献   

2.
It is one of the tough issues that have long been puz- zling in the administrative enforcement of the trademark right establishment and related judicial examination whether or not the"registration of a trademark acquired by any other unfair means"as mentioned in Article 41,paragraph one of  相似文献   

3.
Articles 28 and 29 of the Trademark Law of the People's Republic of China provide that where any trademark applied for registration is identical with or similar to a trademark another person has registered in the same or similar goods, or a trademark that has been preliminarily approved, or one that was first filed or where any trademark is identical with or similar to a trademark that was filed on the same day or was used earlier, the application for the registration of the trademark shall be refused. In this article the examination of the relative grounds for trademark refusal will be probed into.  相似文献   

4.
"SUANSUANRU",which first appeared in the market- place as the name of a dairy product,was used by many en- terprises for a period of time.From 2000,several enterprises tried to register"SUANSUANRU"or words containing"SUANSUANRU"as a trademark,and their applications were all rejected by the Trademark Office for lack of distinc- tive character.Late 2006,in the Inner Mongolia Mengniu Dairy Industry Group v.Henan Snow-white Princess Dairy Industry Corporation,a case of trademark dispute,the Inner Mongolia Higher People's Court made the final ruling,having established"SUANSUANRU"sign as a well-known mark and finally decided on the ownership of the right in"SUAN- SUANRU".This ruling is presumed to have marked"the be- ginning of the judicial establishment of unregistered well- known mark in China".Therefore,a business sign for which protection for the exclusive right to use a registered mark should not be obtained has acquired the more favorable protection as a well-known mark.  相似文献   

5.
This is the case in which the court in Shanghai has es- tablished the very first well-kown mark since the amended Trademark Law entered into force in 2001.On 31 December 2005,the Shanghai No.2 Intermediate People's Court ren- dered the ruling of first instance,establishing that the"STARBUCKS"and"星巴克"(the Chinese translation of"STARBUCKS"pronounced as"xingbake") trademarks as well-known marks and deciding that the defendant's act con- stituted trademark infringement and unfair competition.Dis- satisfied with the ruling the defendants appealed to the Shanghai Higher People's Court,which made the ruling to have upheld the former ruling.In this article an in-depth study is presented of the establishment of the well-known marks in suit and the decision on the trademark infringement and unfair competition and on the amount of damages.  相似文献   

6.
The trademark having the nature of fraud refers to a word/device constituting a trademark that is confusing e-nough to mislead the average consumers as to the quality, raw material, function, use, weight, quantity, and place of o-rigin of a product. Article 10, paragraph one (7) of the Trademark Law prohibits those having the nature of exaggeration and fraud from being used as trademarks. Evidently, "exaggerating" advertisement is not the only cause of trademark having the nature of fraud. With an analysis of two  相似文献   

7.
"i-Module" trademark On 11 September 2001, an applicant from the Republic of Korea, the Hyundai Display Technology, Inc., filed an application for registration of the "i-Module" trademark (hereinafter referred to as the trademark in question, see Fig. 1) on goods "liquid crystal display monitor" in class 9 of the International Classification (computer hardware), with declared designation of colour. Upon examination, the Trademark Office rejected the application for registration of the said mark on 2 July 2002 in the Trademark Rejection Notification No. ZC1985099BH1 on the grounds that the trademark in question was similar to "i" trademark No. 1387411 (hereinafter re ferred to as the reference trademark; see Fig. 2, as published in the Trademark Gazette, Issue 720), which the Microsoft Corporation had registered in similar goods. Besides, "Module" in the mark in question, with the meaning "module", was a technical term of computer technology, which, when used as a trademark on designated goods, was not distinctive.  相似文献   

8.
Article 8 of the Trademark Law of the People's Republic of China provides that any visual sign capable of distinguish- ing the goods or service of one natural person,legal person or any other entity from those of others,including words,de- vices,letters,numerals,three-dimensional symbols,combi- nations of colours or any combination of the above elements, may be applied for the registration of a trademark.It may be seen from the provision on the components of a registered trademark that any visual sign comprising three-dimensional symbols or three-dimensional symbol containing other ele-  相似文献   

9.
On 27 October 2001, the Standing Committee of the People's Congress reviewed and passed the Amendment to the Copyright Law of the People's Republic of China. In Article 10 of the amended Copyright Law as of 2001 has been incorporated a new subject matter under the copyright protection: the right of communication through information network, that is, the right to make a work available to the public by wire or by wireless means, so that people may have access to the work from a place and at a time individually chosen by them. This is the first time to have put the right of communication through information network in place in the law in China. But, the legislators did not make any specific provisions concerning this right in the Copyright Law.  相似文献   

10.
By the reverse counterfeit is meant any act of substituting the trademark another person has legitimately used on goods for one's own trademark and marketing the goods.After the dispute over reverse counterfeit involving the trademarks "Maple Leaf and "Crocodile" in 1994,the discussion on the nature of acts of reverse counterfeit has been going on in the academic community. Article 52 (4) of the  相似文献   

11.
Article 57,paragraph two of the Patent Law provides:"where any infringement dispute involves a patent for inven- tion for a process for making a new product,any entity or in- dividual making the identical product shall furnish proof to show that the process used in making his or its product is dif- ferent from the patented process."That is,under this circum- stance,the burden of proof is reversed.This provision is set forth in the Patent Law concerning the distribution of burden  相似文献   

12.
In the particular field of biological technology,biologi- cal material deposit is an extremely important part of patent application.Since it is difficult to clearly describe the specific features of a biological material or even if it is clearly de- scribed,a person skilled in the art is unable to carry out the invention in the absence of the biological material per se.For that matter,to meet the requirement of sufficient disclosure under Article 26,paragraph three of the Patent Law,Rule 25 of the Implementing Regulations of the Patent Law provides that the sample of a biological material in the field of biologi- cal technology should be deposited with a depositary insti- tution designated by the SIPO,which shows that biological  相似文献   

13.
The case in brief The plaintiff the BP Co.,Ltd.(the BP for short)filed with the Trademark Office two applications for registration of the trademarks"BEYOND PETRONEUM"and"超越石油"(the trademarks in suit)(the Chinese characters"超越"are equiv- alent to the English word"BEYOND"and the Chinese char- acters"石油"are equivalent to the English word"PETRONEUM")in goods of class 4 of the International Clas- sification:industrial oil and wax(raw material).The Trade- mark Office held that the two trademarks were similar to trademark No.1720395"超越矿业and device"(meaning"beyond mining industry")(reference trademark 1)regis- tered in the goods of wax used on conveying belt and trade- mark No.956456"超越and the device"(reference trade- mark 2)registered in goods of industrial grease and oil,and refused said applications.The trademarks in suit and refer- ence trademarks are shown as follows:  相似文献   

14.
The case in brief The Guangdong Jinli Electric Appliances Co., Ltd. (hereinafter referred to as Jinli) is the registrant of No. 1465894 trademark "曼科" (pronounced as "man ke" in Chinese and the trademark will be referred to below as "MK") used on goods in class 9: electric switches and sockets. While the "MK" trademark is reputable in Guangdong Province, on part of the goods it makes, Jinli actually uses the trademark of "MK CLIPMEI". Ms Liao Yanwen, a resident  相似文献   

15.
A trademark contract dispute is substantially a contract dispute,so it should be dealt with under the Contract Law and the contract between interested parties.Given the con- siderable difference between contract dispute and infringe- ment dispute,the basic conception whereby a contract dis- pute is dealt with by the court should be in line with the pro- visions of the Contract Law.Following is an analysis of the re- lated issues.  相似文献   

16.
Case 1 The English applicant, the Standard Chartered PLC, filed, on 18 April 2002, an application with the Trademark Office for registration of a device trademark (See Fig. 1 below; hereinafter referred to as the trademark in point) in goods of class 16 of the International Classification, such as “paper, card board, book, magazine, and stationery“. The applicant stated in the application that the trademark in point was one composed of combination of colours. Upon examination, the Trademark Office issued...  相似文献   

17.
The case in brief The Beijing Red Lion Paint Co., Ltd. (the RL for short) is a business that manufactures and markets paint, and the proprietor of several registered trademarks of the "RED LION" words, device and the combination thereof. The registered "RED LION" trademark has been, on several occasions, rewarded by the relevant departments the title of Famous Trademark in Beijing.  相似文献   

18.
The case in brief The Beijing Red Lion Paint Co., Ltd. (the RL for short) is a business that manufactures and markets paint, and the proprietor of several registered trademarks of the “RED LION“ words, device and the combination thereof. The registered “RED LION“ trademark has been, on several occasions, rewarded by the relevant departments the title of Famous Trademark in Beijing.  相似文献   

19.
I. Significance of Right of Priority The doctrine of right of priority, originating from the Paris Convention for the Protection of Industrial Property, and purporting to facilitate application for patents and trademarks in different countries, means that when an applicant files, within a given time limit after filing an application in a member state of the Paris Convention, another application in respect of the same subject matter in another member state, he/it may take the date of filing of the first application as the date of filing of the later application (referred to as the date of priority). The basis on which a foreign right of priority is established lies in that most countries adopt the first-to-file doctrine in patent grant. That is, it is presumed under the law that a person who first files an application is one who first accomplishes the in-  相似文献   

20.
This is the first case accepted by the Shanghai court involving legal conflict between a geographic indication, geographic indication right and trademark right. This article presents an in-depth exploration of several legal issues, such as the concept of geographic indication, relations between geographic indication right and trademark infringement and conflict resolution principles.  相似文献   

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