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Intellectual Property Law Case Analysis Questions

1. Answer:

(1) Paragraph 1 of Article 13 of the Trademark Law stipulates that a trademark applied for registration on the same or similar goods is a copy, imitation or translation of others Well-known trademarks that have not been registered in China and are likely to cause confusion will not be registered and their use is prohibited.

The second paragraph of Article 13 of the "Trademark Law" stipulates that a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public , causing the interests of the registrant of the well-known trademark to be harmed, it shall not be registered and its use shall be prohibited.

(2) According to Article 2 of my country's "Interim Provisions on the Recognition and Management of Well-known Trademarks", a well-known trademark refers to a registered trademark that enjoys a high reputation in the market and is well-known to the relevant public. Well-known trademarks The scope of the registrant's right of prohibition can be extended to non-similar goods. Therefore, in this case, Company A's use of the "Butterfly" trademark on non-similar goods has constituted infringement of the well-known trademark "Butterfly".

(3) From the date of recognition of a well-known trademark, if others use words that are identical or similar to the well-known trademark as part of the company name, and may cause misunderstanding by the public, the industrial and commercial administration authorities will not approve the registration; if it has been registered , the registrant of a well-known trademark may request the industrial and commercial administration authority to cancel it within 2 years from the date he knew or should have known it. Therefore, the name changed by Company A has constituted an infringement of the well-known trademark "Butterfly".