1. Multiple-choice questions

1. Hechuan County is rich in lychees and is famous far and wide. The county established the Hechuan County Lychee Association, applied for registration of the "Hechuan" trademark, and approved its use on lychee products, allowing members of the association to use it. Farmers who join the lychee association will wholesale lychees packaged under the "Hechuan" trademark to Shenglian Supermarket for sale. When the supermarket sold this batch of lychees, it also affixed its own registered trademark "Sheng Lian" on the lychee packaging. Which of the following statements are correct? (2015/Wednesday/64)

A. The Hechuan trademark is a collective trademark

B. The Hechuan trademark is a certification mark

C. The trademark "Hechuan" uses the name of an administrative division above the county level and should be declared invalid

D. Shenglian Supermarket's behavior does not infringe trademark rights

Reference answer< /p>

1. Examination points: Conditions for trademark registration; manifestations of trademark infringement

Answer AD. Analysis: Paragraphs 2 and 3 of Article 3 of the Trademark Law stipulate that “collective trademarks” as mentioned in this Law refer to those registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate An indication of the user's membership in this organization. The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality? In this question, the Litchi Association registered the trademark "Hechuan" and licensed it to its members for use, which complies with the legal characteristics of a collective trademark. Therefore, the trademark is a collective trademark rather than a certification mark. Item A is correct and elected. Item B is wrong and is not selected.

Paragraph 2 of Article 10 of the Trademark Law stipulates that place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are those where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid? When applying for registration of a collective trademark, the name of an administrative division at or above the county level may be used. Item C is wrong and cannot be selected.

In this question, when Shenglian Supermarket sold the batch of lychees, it also affixed its own registered trademark "Shenglian" on the lychee packaging. This is a service mark and does not constitute infringement. Item D is correct and elected.

Therefore, AD is chosen for this question.

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