- - - - - - - - - - - - True and false 'extract epurated from up legal' well-known trademark protection has a soft spot - Policies and regulations -

by:XJ BEAUTY     2020-04-30
True and false 'extract epurated from up legal' well-known trademark protection is < p> 2017 - 03 - 16 13:24:28 < / p> < p> experts believe that the trademark infringement cognizance across categories, blind area < / p> < p> jun-hui he graduated from China university of political science and law for two years, he seems to be very lucky on the problem of employment, to a company is responsible for legal affairs as soon as she graduated. He took over by processing the first dispute, however, is far from employment so lucky. This time, ho, go for more than 60 cities of more than 20 provinces. On April 1, ho, telling reporters about his hardships, but said more content with the issues of how should judicial protection of well-known trademarks. < / P> < P> jun-hui he service of the company is in guangdong province shantou extract epurated from chemical industrial co. , LTD. ( Hereinafter referred to as the extract epurated from shantou) , this is a cosmetic large-scale enterprise was founded in 1999. Since March 2006, shantou extract epurated from across the country dealers began to arrive from all over the country the Ministry of Commerce and industry of administrative enforcement decision, said 'shantou extract epurated from' the production of shampoo suspected of infringement of a registered trademark of others, require companies to send someone to assist in the investigation, ho was in like snowflakes flying 'challenged' urging, on the journey of the rights and interests of enterprise trademark by the boss. < / P> < P> ho first stop was in liaoning province, where he learned that a pharmaceutical enterprise in yunnan medicine class a registered trademark, also called 'extract epurated from' and in January 2006 was identified as well-known trademark protection through cases. < / P> < P> in ho efforts, more than 60 cities in the industrial and commercial authorities withdrew all of 'shantou extract epurated from' administrative enforcement decision. In wuhan, can still win the complaints, because the local industrial and commercial organ extract epurated from shampoo that yunnan an enterprise in accordance with the 'shantou extract epurated from' trademark infringement. < / P> < P> trademark rights also win court < / P> < P> it is known that some enterprises in yunnan province in November 1997 for 'extract epurated from' registered trademark, for approval to use for the fifth goods drug class. In February 2003, the company began to produce 'extract epurated from' brand compound ketone health zun hair lotions. And shantou extract epurated from September 7, 1998 in the third class 'soap, toothpaste,' goods approved registration, began in 2002 in its extended use shampoo products. < / P> < P> on January 8, 2007, kunming municipal intermediate people's court of first instance ruled on an enterprise in yunnan v. 'shantou extract epurated from' registered trademark infringement case. 'Shantou extract epurated from the hospital said,' approved its use in the toothpaste on the brand extension used in shampoo, soap, is not in conformity with the provisions of the trademark law, the judge 'shantou extract epurated from' lost. < / P> < P> on January 30, 'shantou extract epurated from' to yunnan high court appeal. They believe that although there is no register 'extract epurated from' two words on the shampoo, but the extended the right to use much priority in yunnan some enterprises take medicines trademark across class used in daily necessities. < / P> < P> well-known trademark 'across class protection' but not 'famous across class' < / P> < P> according to relevant experts, well-known trademark can span class protection. The myth of reality: a trademark was identified as famous, all is not the same kind of products on 'famous trademark'. < / P> < P> Ma Xiang, director of the Beijing lawyer association of professional committee of the trademark law, told the reporters, well-known trademark can get across class protection, but it is not well-known across class. The cognizance of the well-known trademark also is limited by classification of products and services, the holder of the well-known trademark of the goods or services in the use of the trademark approved shall not be as well-known trademarks. < / P> < P> 'well-known trademark is a legal concept, and its effectiveness is limited to the case. Court case decided that well-known trademark, only on the cognizance of the case facts, as means of protection is the destination, now many people consider this relationship is upside down. ' < / P>
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