Get attention fully “ cervine king “ with “ king of 9 deer · “ case of well-known logo dispute, caused law group business circles to discuss what wait greatly. On June 9, beijing was filled with family attorney office to hold “ king of 9 deer · “ news of well-known logo protection meets meeting and “ 9 deer king “ well-known logo protects a seminar, limited company of dress of 9 deer king entrusts accuser Jiangsu formally already Beijing is filled with Cui Li of family attorney office, Gu Zhaokun, Zhang Bin 3 lawyers, representative its are in Beijing a:appellant case of senior people court. In the meantime, be filled with family attorney office to invite law expert, entrepreneur, lawyer, in the center of reach the more than 40 people such as local media reporter with respect to Jiangsu 9 deer Wang Fu acts the role of limited company (next weighing that 9 deer princes and dukes manages) “ 9 deer king “ well-known logo should be denied should grant cancel. Cui Li, Gu Zhaokun, Zhang Bin‘s lawyer reports case case to personnel attending the meeting opinion of intercurrent list attorney.
“King of 9 deer · “ news of well-known logo protection meets meeting site
Had registered use 7 years, be maintained to be well-known logo after “ king of 9 deer · “ experience destroyed recently calamity, afterwards in November 2008 by the country industrial and commercial total bureau brand evaluates committee (commissioner of trade of the following abbreviation) in order to form with product of same production dress “ cervine king “ for brand likeness cancel “ 9 deer king “ after brand, court of the first intermediate people maintained Beijing again on April 3, 2009 the ruling of trade commissioner.
　　 Trade commissioner cancel is celebrated rise from all directions of war of brand administration litigation
　　Limited company of cashmere of king of Inner Mongolia deer (call Inner Mongolia cervine king below) applied for to register on August 2, 1996 “ cervine king “ brand of the combination that reach a figure. Applied for to register on April 21, 1997 again subsequently “ Deer of 　 of cervine king King “ brand of the combination that reach a figure (the following a general designation “ adduce brand “ ) . Won celebrated trade mark on December 29, 1999.
Jiangsu 9 deer king applied for to register on December 12, 2000 “ NineDeerKing of king of 9 deer · “ the character sets trade mark (say below “ controversy brand “ ) , approve registers time to be on March 7, 2002. Won celebrated trade mark on May 4, 2007. That is to say, after king of Inner Mongolia deer is registered and had gained celebrated trade mark, “King of 9 deer · “ just apply for and obtain national brand bureau the approve of registered trade mark.
On June 24, 2005, king of Inner Mongolia deer is versed in to the country commercial firm politics manages total bureau brand to evaluate committee “ king of 9 deer · “ brand raises controversy.
　　 “King of 9 deer · “ innocent suffer pull national liability to make a person thoughtful
　　Beijing is filled with Cui Li of family attorney office, Gu Zhaokun‘s lawyer to think, registered trade mark applies for in our country, it is by the country brand bureau is united accept and examine, its are examined very strict.
Basis “ trademark law “ concerned regulation, brand bureau not only the striking feature that wants the label that applies for to brand applicant undertakes checkup, do not get use law to ban used written language to brand, the graph undertakes checkup, even whether identical to as prevenient as other application brand or undertake checkup approximately. Its examine an item numerous.
“ trademark law “ the seventeenth regulation: “Be in with other same kind of preliminary perhaps and authorized brand that commodity already registered on similar perhaps goods is same approximate perhaps, reject application by brand bureau, do not grant announcement. “ the 10th regulation: “The trademark that has registered, disobey Benfadi 10, eleventh, dozenth of a regulation, or with cheating a method other perhaps shocking measure is obtained register, by brand bureau cancel this registered trade mark; Other unit or the individual can request brand to evaluate commission ruling cancel this registered trade mark. “ the 41st regulation: “The trademark that has registered, disobey Benfadi 13, the 15th, the 16th, thirtieth sets, the sun that registers from brand rises 5 years inside, trademark holder or interests person can request brand to evaluate commission ruling cancel this registered trade mark. Register to ill will, well-known trademark holder does not accept time restriction of 5 years. Outside the case of before dividing two regulations, open to question to the trademark that has registered, the sun that can register from this brand approved rises 5 years inside, to brand evaluation committee applies for to rule.
Accordingly, whether to form identical or approximate, it is the content that brand bureau must examine, if form identical or will be not registered by approve approximately, although obtain brand is extremely possible by cancel. And the standard of the standard of cancel and approve is same, without more objective standards, more it is auditor or the subjective level that close the member that discuss composition.
“King of 9 deer · “ before brand application is permissive, “Cervine king “ brand is obtained by approve already well-known logo. “King of 9 deer · “ the application of brand is to be in “ cervine king “ later, pass the sanction that brand bureau wins after strict checkup and judge. Visible, the auditor at that time maintains the brand with other and congener commodity to be not formed identical or approximate. More innocent is, “King of 9 deer · “ brand is not Jiangsu proper motion of limited company of dress of 9 deer king applies for to obtain, obtain at allowing kind through sufferring legally 2004 however, dealt with in national brand bureau suffer the relevant procedure that allow. That is to say, “King of 9 deer · “ brand is in make over and suffer in allowing a procedure, endured the checkup of national brand bureau again.
But, because trade commissioner added up to the auditor of the member that discuss composition and the national brand bureau that approve registered 2002 2008,be different from one person, mix to identical or approximate understanding decide on arose to differ, brought about “ king of 9 deer · “ the fundamental change of brand destiny. Zhang Chu of adviser of professor of college of politics and law of expert of intellectual property attending the meeting, China, doctoral student points out, “King of 9 deer · “ with “ cervine king “ whether approximate, register at that time correct, have now necessary “ king of 9 · deer “ cancel, this is the issue that we discuss. Everybody knows this cropland and contemporary two cars produce a business, run a field in, their registered trade mark is very adjacent, but still can coexist go up at the market. 1 2