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Experts clash over WeChat trademark case, is the judge’s statement reasonable?

The question asked by the questioner is very good. The question involves two aspects. The first is how to protect the trademark application rights and trademark registration rights of prior trademark applications in accordance with the law. The second is that the "judge's self-report" refers to the reasoning in the court's judgment. question.

To answer the second question first, whether the judge’s reasoning in the WeChat trademark case is reasonable or not should be determined by the higher court and even the Supreme People’s Court. The reason for the judgment is the soul of the entire judgment. The reasoning of the judgment must be sufficient and rigorous, and it must be pertinent and clear between right and wrong. The reasons for the judgment must be based on the identified facts and the provisions of relevant laws, regulations and relevant judicial interpretations, and state the reasons and legal basis for the court's determination of the nature and effectiveness of the parties' actions and the parties' legal responsibilities. Reasoning must be targeted, based on the specific circumstances of different cases, the disputes and specific litigation claims of the parties, presenting facts, reasoning about the law, reasoning, and distinguishing right from wrong. Litigation claims that are legal and reasonable will be supported, while those that are illegal and unreasonable will not be supported. Be able to convince people with reason.

The laws, regulations and relevant judicial interpretations on which the judgment is based should be comprehensive, standardized, accurate and specific when cited, and attention should be paid to the differences in legal levels, procedural law and substantive law, and they should be distinguished. , pay attention to the relationship of sequence.

As for the WeChat trademark case, the prior right holder did not register the trademark in bad faith, and its legitimate trademark application rights and trademark registration rights should be protected, just like other previously registered trademarks. If a later user wants to To obtain the exclusive right to a trademark, you can purchase it through civil negotiation. This not only maintains market order, but also protects the legitimate trademark application and trademark registration rights of the prior rights holder.

So the reasonable solution to this case lies in the sincerity of Tencent and the generosity of the prior rights holder. I hope both sides shake hands and make peace.