2012年4月26日星期四

china electronics dropshipThe lawyer sued for cigarette withdrawal of Chinese trademark was dismisse

The newspaper news (reporter Zhang Yuan) "of the" cigarette appeared on the table and other patterns, a lawyer from Shanghai that its detrimental to socialist morality, the State Administration for Industry and commerce, the Trademark Appraisal Committee to court.
Recently, one quadrangle first instance rejected.The judges ruled that "the business" available plaintiff Wang Shiru as a legal worker, the earliest in 2008 25 January to the Trademark Review and Adjudication Committee, ask according to "Chinese" trademark cancellation.
Later the judges deemed controversial business registered trademark is earlier than the "trademark law" on time, according to the relevant provisions of the law, eventually made a disputed trademark registration to maintain order, so Wang Shiru again in May this year 18 to the hospital filed a legal complaint, to request the court to order the State Administration for Industry and Commerce Trade Commissioner to rescind the order.
Mr. Wang in the later trial, cigarettes are harmful food, in this kind of commodity on the use of "China",china wholesale direct, "Tiananmen", "table" name,free shipping chinaWhen the woman drunk driving car in the middle of the road fell asleep,china electronics dropship, logo, is the national spirit, national image of blasphemy, violating the "trademark law" Tenth article about socialism morality cause adverse effects to the provisions.
At the same time, they think, "trademark law" regulation "has been registered" and "continue to be valid" trademark for "legitimate" trademark, violating the prohibitive provisions of law of the registered trademark shall also be revoked, and the Trademark Review and Adjudication Committee interpret out of context to erroneous application of the law.
"Chinese" for registered early in favor of the evidence, "Chinese" brand was founded in 1950, registered in February 1952, after the relevant state departments to trademark for cleaning, shall issue a new certificate of trademark registration, registration date is October 31, 1979.
Later, after the renewal of trademark dispute, the right to the exclusive use of a deadline to 2013.The court thinks, law is the general principle of non-retroactivity, 1982, 1993, 2001 three "trademark law" provided "before the implementation of this law has already been registered shall continue to be valid, the plaintiff's claim" the lack of legal basis, it does not support.

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