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1.
《中国专利与商标》2007,(4)
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.
《中国专利与商标》2007,(2)
"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
3.
《中国专利与商标》2007,(1)
Over the years,tens and thousands of"ghost"trade- marks have been hovering over this land,These"ghost"trademarks are used to"gain fame or win popularity by fraud".Obvious or implicit bad faith also goes with them when they are applied for registration or used.The most reg- istered"ghost"trademarks are not put to actual use.The owners of these trademarks await opportunities to assign 相似文献
4.
《中国专利与商标》2007,(2)
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
5.
《中国专利与商标》2006,(4)
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 the Trademark Refusal Notification No. ZC 3150995BH1 on 4 March 2003, and refused the 相似文献
6.
《中国专利与商标》2006,(4)
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
7.
《中国专利与商标》2006,(1)
"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.
《中国专利与商标》2007,(3)
Trial of cases of patent and trademark dispute is an im- portant part of the judicial work on hearing IP-related cases. Over the years,the courts in Beijing have run into many diffi- cult issues,and accumulated some experience in the trial of cases of dispute over patents and trademarks. Following are some of these issues frequently encoun- 相似文献
9.
Understanding and Application of “Being Already in Use” Mentioned in Article 31 of the Trademark Law
《中国专利与商标》2007,(1)
According to Article 31 of the Trademark Law as re- vised in 2001,In trademark application,one should not pre- emptively register a mark that is already in use by another party and has certain influence;it is also provided in Article 41,paragraph two that where a registered trademark stands in violation of the preceding provision,the owner of the mark 相似文献
10.
《中国专利与商标》2006,(4)
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
11.
《中国专利与商标》2006,(2)
Case of Infringement of STARBUCKS Trademark Since 1996, the US Starbucks Corporation has registered, one after another, such trademarks as "STARBUCKS" (pronounced "xingbake" in the Chinese pinyin), "STARBUCKS (device)" and "星巴克" (pronounced "xingbake" in the Chinese pinyin) in China. The Qingdao Xingbake Coffee, 相似文献
12.
Primary English teaching syllabus points out:"Interest is a good teacher for pupils to learn a foreign language.And it is an important task for primary school English teachers to arouse students at present."There are three parts in this thesis:The first part begins with the types of games.Meanwhile,the characteristics of games are introduced.The second part states that the operation of games in English teaching,such as how to choose appropriate games,clear rules given,time limitation,the integration of games into learning and rewards and penalties.The third part introduces the experiment.In conclusion,playing games is one of the best ways in English learning,which are liked by pupils very much.If an English teacher can play and create games in English class,classroom’s atmosphere will be stimulated,pupils’enthusiasm will be aroused and teaching effectiveness will be improved. 相似文献
13.
《中国专利与商标》2007,(1)
In today's society where science and technology are undergoing rapid development,and enterprises competing each other primarily with advanced technologies in which they enjoy their own intellectual property right,a major part of an enterprise's business activities is that patented technolo- gy and technical secret(or known-how)are taken as goods of technical trade and that R&D of hi-tech achievements are undertaken by way of conclusion of contracts.It is worth at- taching importance to how to ensure the legitimacy and va- 相似文献
14.
《中国专利与商标》2006,(3)
Within the framework of the patent system in China, the patents for invention, utility mode and design are under the examination of different types: the patents for invention are examined as to substance, and those for utility model and design as to formality only, which renders the patent right for utility model and design relatively less certain and vulnerable to challenge. For example, in the infringement lawsuit involving a patent for utility model or design, the defendant often files a request with the Patent Reexamination Board (PRB) of the State Intellectual Property Office (SIPO) for invalidation of the patent in respect of which the plaintiff, the patentee, has instituted the proceedings in the court. In case like this, the court will suspend the legal procedure under Article 136 of the Several Provisions on Issues Relating to Application of Law to Trial of Cases of Patent Disputes formulated by the Supreme People's Court. 相似文献
15.
《中国专利与商标》2006,(2)
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
16.
《中国专利与商标》2006,(3)
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
17.
《中国专利与商标》2006,(2)
On 22 March 2001, P.T. Permona, an applicant from Indonesia, filed an application for registration of the trademark "Rolex" on goods cigarettes in class 34 of the International Classification (hereinafter referred to as the trademark in question as shown in Fig. 1). Upon examination, the Trademark Office held that the trademark in question was similar to No. 566503 trademark (hereinafter referred to as the reference trademark as shown in Fig. 2) in respect of which the Rolex Promotions S. A. had filed international registration on 相似文献
18.
《中国科学院院刊(英文版)》2007,(2)
The National Basic Research Program (dubbed as the " 9 73 Program" is China's on-going national keystone basic research program, which was approved by the Chinese government in June 1997 and is organized and implemented by the Ministry of Science and Technology. The strategic objectives of the Program are to strengthen the original innovations and to address the important scientific issues concerning the national economic and social development at a deeper level and in a wider scope, so as to improve China's capabilities of independent innovations and to provide scientific support for the future development of the country. The followings are some of the" 9 73 projects" initiated in 2006 under the coordination of CAS scientists. 相似文献
19.
《中国专利与商标》2006,(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
20.
High level oil temperature is one of the most important factories reasons for hydraulic system to breakdown.In order to improve ability of heat-radiation and control oil temperature within proper scope,new type oil tanks are required which are made up by plate-fin units.The analysis indicates that the new type oil tanks have a good natural ability of heat-radiation.To further enhance ability of heat-radiation,it should be fixed a fan in the bottom of the oil tanks,which can strengthen the ability of heat-radiation.With monitoring equipment,monitoring system can monitor the parameters of oil tanks in real time,and control the oil temperature within proper scope.Simulation experiments tell us some significant data. 相似文献