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Birth of seven brand well-known trademark in court

  Court also played a well-known trademark. After the introduction of the new trademark law, the determination of well-known trademarks is made by the bulk to make administrative or judicial cases identified changes. This way
, Fujian province has been identified as a well-known trademark for 4, is ready to apply for more than 10 cases. Relevant experts believe that enterprises in Fujian province for judicial determination of well-known trademarks should be fully studied, because a trademark is recognized as well-known trademarks, on the realization of internationally significant cross-category protection.
small case of sense
Qi of the well-known trademark, due to a small case.
Fuzhou self-employed Chen Youliang (not his real name) only a few months of "seven brand paint", and supplier Gordon coatings in Zhongshan city chemical company to have your case – the main seven brand of clothing companies on the grounds of trademark infringement, and send them to court. Due to trademark infringement lawsuits across categories, the case involves seven brand trademark as a well-known trademark identification. The Fuzhou intermediate court after much review, in accordance with the provisions of the trademark law, ruled Qi meet the requirements the determination of well-known trademarks; defence against should immediately cease the infringement and compensation for seven brand company 100,000 yuan of economic losses.
the face of it, this is a small case, but it was hidden behind a great significance.
it is understood that the present seven brand clothing in the country with more than more than 1000 stores, has become the leading garment production and marketing enterprises. Over the years, seven brand advertising accumulatively invested more than 200 million Yuan, enjoyed a high reputation. However, shengmingzhixia, a large number of violations-scratching, the company must annually beset by more than 10 cases of trademark infringement, infringement is too numerous to list.
case to shore up judicial determination of well-known trademarks. After careful preparations, seven brand companies carefully selected from thousands of cases of infringement, and take painstaking efforts on collecting evidence. After a year of litigation, Qi succeeded justice sector has been identified as a well-known trademark.
administrative batch determination to judicial cases found
to famous trademark, a lot of people there were errors in understanding. The intellectual property Tribunal in Fuzhou Ruan Xiuquan believes that in fact, well-known trademarks is not an honorary title, but a dynamic, its main significance is as a protective shield against infringement, is a trademark of "super".
in accordance with the legal provisions, the scope of protection of well-known trademark larger than general trademark. Recognized as well-known trademarks can not only fight against class acts of trademark infringement, and the use of well-known trademarks registered company names, Internet domain names, and other special violation can also be held accountable. It was not registered in China and abroad can even protect well-known trademarks from infringement, the same foreign protection of well-known trademarks in China that are not registered in their country.
in the past, China's well-known trademarks is the national business sector, exclusive of administrative bulk finds. On December 1, 2001, the entry into force of the trademark law, with the judicial interpretation and the well-known trademark identification and protection regulations issued, well-known trademark began to implement judicial and administrative departments for industry and commerce can be found the two-track system.
Ruan Xiuquan said, the current Court well-known trademarks in China, implement the principle of passive identification and found that only requests the parties, and in accordance with the specific circumstances need to when well-known trademarks, until a determination is made. Case that is recognized by the judgments of the Court of the well-known trademarks, only has a role in the case, it does not impact on other cases.
shoe brand galvanized
, Fujian province, China garment Association, told reporters that at present, many brands within the province is not fully clear judicial determination of well-known trademarks, a new way, not knowing what conditions could a mark was identified by the Court as a well-known trademark.
shoe and clothing brand of Fujian province, especially in the Jinjiang brand, has suffered in recent years thousands of malicious from the foreign trademark, and Internet domain name trademark infringement. From that point of view, international span-class protection of the well-known trademark "privilege" is even more important. Xtep, Qi after Justice has been identified as a well-known trademark, Jinjiang, enterprises are enthusiastic, have more than 10 companies identified by current through litigation. Other shoes in the country area, Wenzhou City, Zhejiang Province, in 2004, the "red Dragonfly" and "aokang" shoe brand for the first time by judicial determination of well-known trademarks.
in fact, the State administration for industry and commerce in April 2003, issued a new set of well-known trademark and having protection provisions, significantly accelerate the pace of the national judicial determination of well-known trademarks, including many well-known brands, such as Nippon, shufu, GOME.
the Fuzhou intermediate court judge Ou Xiaohong said, at present, because of our grass-roots without the intellectual property Chamber of the Court, so in such cases can be to the Intermediate Court of first instance, mark huge are available from the provincial higher people's Court of first instance.
many business concerns, due to the influence of local protectionism, one level of the Court found that a well-known trademark is valid. On this, judge Ruan Xiuquan said, trademark law 14th article provides has finds famous trademark should consider of five big factors, including trademark of public knows degrees, and trademark continued using of time, and publicity of degree and range and so on, this is finds famous trademark of necessary, judge of free CD volume right also must in legal range within exercise; Court finds famous trademark in national range within are has authoritative, and has eventually of finds right.
Ruan Xiuquan said confirmation of well-known trademark by the courts very seriously, that finds and finds that by hype blog name, identified as advertising, as a sales tool practice, is inconsistent with the purposes of the well-known trademark.

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