Lanzhou University scholar: Six arguments support Diao Chan’s hometown in Lintao

After seeing online reports, Professor Zhao Jianxin said: “There is no conclusion yet on whether Diao Chan existed in history. Some people say She is a historical figure. Some people think that she is an image created in opera novels, and it is widely circulated among the people. But who is the real "hometown of Diao Chan" has always been controversial in Lintao, Shaanxi, Xinzhou, Shanxi and other places. As a historical figure, I personally think that Diao Chan is most likely to be from Lintao in our province." Zhao Jianxin said that the reason for this is supported by the following six aspects: 1. The official history of "Three Kingdoms" once wrote that Dong Zhuo Mansion. There was a maid named Hongchang. Lu Bu had an affair with this maid, and Dong Zhuo was from Lintao, Gansu Province at the time. The maid Dong Zhuo brought to the capital should be the prototype of Diao Chan; 2. "Three Kingdoms (Pinghua)" mentions that Diao Chan said : "My concubine's surname is Ren, her father is Lu Bu, and we have lost each other since Lintao..."; 3. The Qing Dynasty's "Collection of Ancient and Modern Books"·Zifangdian·Lintao Mountain and River Examination tells the story of Lu Bu and Diao Chan, and points out that Rouge River is in 30 miles west of Lintao City, the rouge horse that Lu Bu rode came from here; 4. In some places in Lintao and Linxia, ??there are annual gods-welcoming games, including a play "Guan Gong Kills Diao Chan", which shows that Diao Chan is widely spread among the local people; 5 Lintao has the Diaoya Valley and Diaochan Cave ruins, and many local residents also have the surname Ren; 6. Dong Zhuo should have brought his maid (Diaochan) to Beijing from his hometown Lintao, and it is impossible to go from Mizhi, Shaanxi and Xinzhou, Shanxi. bring.

"If Diao Chan is a historical figure, it is most likely that her hometown is in Lintao, because compared to Mizhi and Xinzhou, Lintao has the most abundant historical data, and these evidences can also support each other." Zhao Jianxin said.

Literary and historical experts: There is no doubt that Diao Chan came from Lintao

"In the official history of China, a small figure like Diao Chan will not be written into it, but in "Five Thousand Years of China", it is described There is a story about Diao Chan. From the analysis of folklore and other historical materials as well as many physical remains, Diao Chan’s hometown should be in Lintao," said Wu Baoqiang, a Lintao County literature and history researcher who has studied Diao Chan for more than ten years.

He said that since ancient times, there has been a legend among Lintao people that "Diao Chan's hometown is in Lintao". It is recorded in the play "Jinyuntang·Lianlianji": "Diao Chan is from Lintao, her surname is Ren and her given name is Hongchang. Due to the war, she lived in the palace of Situ Wang Yun. Diao Chan was smart and wise, and Wang Yun treated her as his own daughter." Lintao Ancient City There are also relics such as Dong Zhuo's Mansion and Dong Zhuo's Tomb, which all indicate that Dong Zhuo lived in Lintao for a long time at that time. As his maid, there is no doubt that Diao Chan came from Lintao.

Organizer: Mi Zhi changed the announced trademark without reason

Huang Xiaoliang, the business manager of Lanzhou Hongdun Trademark Office, which handled the "Diao Chan Hometown" trademark and brand, made it clear that according to the national trademark application According to the registration regulations, there is no necessary connection between whether Diao Chan’s hometown is Lintao County and the successful application for the “Diao Chan’s Hometown” trademark. Even if a place is truly Diao Chan's hometown, but has not applied for trademark registration protection, the place still cannot carry out all commercial activities using Diao Chan's hometown as its brand.

He said that applying for trademark registration is a long and tedious process. Lintao County has applied to register "Diao Chan" and "Diao Chan's Hometown" since 2009. After preliminary review, preliminary review announcement, certification, etc. procedures, and finally successfully registered 8 categories of trademarks. Each category has a publicity period, which is very strict. From the perspective of local governments attaching great importance to trademark and brand awareness, it is reasonable that the Lintao County Government applied early and provided complete materials, and the State Administration for Industry and Commerce confirmed and announced it.

Regarding the news that Shaanxi Mizhi County will submit an application for a registered trademark ruling, Huang Xiaoliang said that applying for a registered trademark ruling is the right of each applicant, but it is difficult for Mizhi County to change the trademark brand that has been announced and registered. Because the State Administration for Industry and Commerce will not easily change a successfully registered trademark. Looking at this case, there is no reason for Mizhi to change the trademark brand that has been announced and registered by the state.

Lintao County Government: Will continue to apply for the remaining "Diaochan" trademarks

Regarding the ruling on the application for registered trademark in Mizhi County, Shaanxi Province, a relevant person from the Lintao County Government responded that the State Administration for Industry and Commerce Trademark For trademarks and brands that have been announced by the Bureau, it is difficult to change the application targets in various places. Lintao successfully applied to register most of the brands such as "Diao Chan" and "Diao Chan Hometown", and the remaining small projects are still under intense application.

The county is actively preparing materials to pass the relevant defense organized by the Trademark Office of the State Administration for Industry and Commerce. This person said that the county plans to take the successful registration of the "Diao Chan" and "Diao Chan Hometown" trademarks as an opportunity to build a good cultural Lintao brand and actively develop and expand the real value of the intangible assets of these two brands. Organize a cultural seminar on "Diao Chan's Hometown" and combine it with Lintao's unique Majiayao culture and other cultural brands to gradually promote cultural categories and cultural products with strong local characteristics to the whole country. At the same time, using trademark registration as a carrier, we are actively striving to plan and construct projects such as the "Three Kingdoms Style Park" and Diao Chan Cultural Plaza (with a statue of Diao Chan), and develop a batch of cultural tourism commemorative products with the trademarks of "Diao Chan" and "Diao Chan's Hometown".

Regulations on the handling of improperly registered disputed trademarks:

Legal provisions: Registered trademarks violate Articles 10, 11 and 12 of the Trademark Law If the registration is obtained by deception or other improper means, the Trademark Office shall revoke the registered trademark; other units or individuals may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark.

If a registered trademark violates the provisions of Articles 13, 15, 16, and 31 of the Trademark Law, the trademark owner shall, within five years from the date of trademark registration, Or an interested party may request the Trademark Review and Adjudication Board to rule on revoking the registered trademark. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit.

Except for the circumstances specified in the preceding two paragraphs, if there is a dispute over a registered trademark, you may apply to the Trademark Review and Adjudication Board for a ruling within five years from the date of approval of registration of the trademark.

After receiving the ruling application, the Trademark Review and Adjudication Board shall notify the relevant parties and submit a defense within a time limit.

Interpretation: This article is about the handling of disputed trademarks that are improperly registered.

1. Paragraph 1 of this Article stipulates two situations that lead to improper trademark registration.

1. Violation of Articles 10, 11 and 12 of this Law Condition.

First, Article 10 of this Law stipulates signs prohibited from use as trademarks. That is to say, the signs listed in this article not only cannot be registered as trademarks, but also cannot be used as trademarks, mainly for social welfare reasons. ***Profit considerations.

Second, Article 11 of this Law stipulates that three types of marks shall not be registered as trademarks. However, if the listed marks have acquired distinctive features through use and are easy to identify, they may be registered, which clarifies the distinctiveness of trademarks.

Third, Article 12 of this Law stipulates that when applying for a registered trademark with a three-dimensional mark, the form is only caused by the nature of the goods themselves, the shape of the goods required to obtain technical effects, or the goods have substance. Shapes of sexual value shall not be registered.

2. This paragraph also clearly stipulates the handling of trademark registrations obtained through deception or other improper means. The so-called registration obtained through deception and improper means generally refers to: fabrication, concealment of the truth or forgery. Application form and relevant documents are required for registration.

The above-mentioned behaviors violate not only the trademark law but also the principles of relevant civil laws, and the registered trademark rights obtained by them are illegal. If a registered trademark violates these regulations, there are two ways to deal with it. One is that the Trademark Office will cancel the registered trademark ex officio, and the other is that other units or individuals can also request the Trademark Review and Adjudication Board to rule on canceling the registered trademark. There is no time limit for the cancellation of a registered trademark stipulated in this paragraph, and it can be canceled whenever it is discovered.

2. Paragraph 2 of this Article stipulates that if a registered trademark violates the provisions of Articles 13, 15, 16 and 31 of this Law, the trademark shall be Within five years, the trademark owner or interested party shall request the Trademark Review and Adjudication Board to cancel the registered trademark. Those who registered a well-known trademark in bad faith are not subject to the five-year time limit.

1. Article 13 is about not violating the principle of good faith by copying, imitating, translating, etc., to register well-known trademarks that are already well-known to the public.

2. Article 15 stipulates that no agent or representative may register the trademark of the principal or represented person in his or her own name without authorization.

3. Article 16 is about the prohibition of using geographical indications in trademarks in violation of regulations.

4. Article 31 is a stipulation that the legitimate prior rights of others shall not be infringed upon.

This paragraph does not give the Trademark Office the right to directly cancel a registered trademark. Instead, it stipulates that the trademark owner or interested party may, within five years from the date of trademark registration, request the Trademark Review and Adjudication Board to cancel the trademark. Registered trademark. If a well-known trademark is registered in bad faith, the owner of the well-known trademark can also pursue the case indefinitely and is not subject to a five-year time limit.

3. Paragraph 3 of this Article stipulates that, except for the circumstances specified in the previous two paragraphs, if there is a dispute over a registered trademark, you may apply to the Trademark Review and Adjudication Board for a ruling within five years from the date the trademark is approved for registration. . According to this provision, if the right holder of a registered trademark discovers that a later registered trademark is identical or similar to his previously registered trademark, causing consumers to misunderstand and harming his own rights and interests, he may file a dispute ruling application within the statutory period. The Trademark Review and Adjudication Board shall accept the application.

4. Paragraph 4 of this Article stipulates the ruling procedures of the Trademark Review and Adjudication Board.

1. The Trademark Review and Adjudication Board is the statutory body responsible for adjudicating registered trademark disputes in my country. It is the responsibility of the Trademark Review and Adjudication Board to adjudicate registered trademark disputes.

2. When applying for a dispute ruling from the Trademark Review and Adjudication Board, you must abide by the statutory time limit. According to the provisions of paragraphs 2 and 3 of this article, except for exceptional circumstances (those who maliciously register other people’s well-known trademarks), you will not be disputed. The Trademark Review and Adjudication Board will only accept the application for dispute ruling within five years from the date of approval of registration of the trademark. When the circumstances specified in paragraph 1 occur, any unit or individual may directly apply to the Trademark Review and Adjudication Board to cancel the registered trademark whenever they discover it.

5. After receiving the application for ruling, the Trademark Review and Adjudication Board shall review it. If it meets the acceptance conditions stipulated in this Law, it shall accept the application, notify the relevant parties, and submit a defense within a time limit. Notifying the relevant parties refers to informing the parties involved in the ruling in a certain form of documents to participate in the ruling activities according to the specified time, method and requirements. Reply is a necessary procedure in the ruling and an important right of the parties concerned. The Trademark Review and Adjudication Board must ensure that both parties can exercise their rights equally in the adjudication activities. If the relevant party fails to submit a defense on time or refuses to respond, the ruling will proceed as usual and will not be affected.