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Yi Jianlian'S Sporting Goods Eventually Won Trademark Rights.

2010/5/24 10:20:00 81

Yi Jianlian Sporting Goods

  易建联体育用品(中国)有限公司从福建省名乐体育用品有限公司受让取得“易建联yi jian lian”商标。


Yi Jianlian, a basketball player, believes that the above companies are malicious in rush to register their name trademarks and request the Trademark Review and Adjudication Board to cancel the trademark.

The Beijing intermediate people's Court maintained the decision of the business jury after trial.


In recent years, with the growing maturity of China's market economy and the rapid integration of the global economy, trademarks have become the main basis for consumers to distinguish the different sources of goods and services. The brand awareness of enterprises and individuals has been greatly enhanced, the economic value of trademarks has become increasingly obvious, and the number of trademark applications has been increasing.

With the rapid development of China's economy, the market competition is becoming increasingly fierce, and the brand awareness of enterprises has been continuously strengthened.

How to protect the right to exclusive use of trademarks, to crack down on illegal acts of rush, trademark and brand name, and to guide fair competition in the market has become an important task of the relevant government departments, and has increasingly become an important topic of the judiciary.


Since the acceptance of the first case of trademark authorization in Beijing intermediate court in 2002, the total number of cases has risen.

In 2005, the court accepted 61 trademark rights cases, and in 2009, the number had reached 798, which has increased 13 times in 5 years.

The trademark Confirmation Cases in 2009 accounted for 40% of the total number of intellectual property cases in the Beijing intermediate court.


In the market competition, some small businesses, in order to seize the market quickly, take advantage of the well-known popularity of the well-known trademarks and the huge market appeal, and use famous trademarks to approximate their elements in sound, form and meaning when registering their brands.


This year, Lenovo (Beijing) Co., Ltd., a Beijing intermediate court, filed a case against the defendant's trademark review board and the third person Yang Mou "Lenovo LianXiang and map" trademark objection review administrative dispute, which is a typical case of protecting well-known trademarks.


The third Yang has applied for registration of "Lenovo trademark" on twenty-fifth categories of clothing, shoes and hats.

The Trademark Review and Adjudication Board held that the plaintiff's "Lenovo" trademark on computers and other commodities had a great difference in terms of functions, uses, raw materials, and sales channels. In addition, "Lenovo" was the more commonly used Chinese vocabulary. It is not easy for ordinary consumers to think that the use of goods such as clothes that were disputed trademarks came from Lenovo Inc, or related to them, and did not violate the relevant provisions of the trademark law.

In the case of Lenovo, a Beijing intermediate people's court believes that when Lenovo has become a well-known trademark, Yang's application for registration on clothing, shoes and hats and other commodities is disputed trademarks, which easily causes consumers to confuse and misunderstand the source of goods, thereby damaging the legitimate rights and interests of Lenovo Inc.


As an effective means to maintain the order of market competition and promote fair competition, the case of trademark authorization has always emphasized the honesty and credibility of trademark registration.


Xu applied for registration of "State Department" trademark on fruit wine, cocktail and other commodities, and was rejected by the business jury.

Xu refused to be prosecuted to a Beijing intermediate hospital.

First, the Central Hospital believes that the application of the trademark "State Department" does not have a fixed meaning as a whole, and the word "country" will make consumers think that the product has a national quality. The word "department" will make consumers think that the product is in line with the quality evaluation of the ministries and commissions. Therefore, the application of the trademark "State Department" as a trademark in the commodity, exaggerates the quality of the designated commodity, belongs to exaggerated propaganda and fraudulent trademark, shall not be used as a trademark, and the decision upheld the decision of the business jury.


    


 

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