1. Multiple-choice questions

1. Company A produces lavender health pillows under the brand "Meido". "Meido" is a registered trademark and lavender is one of the main raw materials of the pillow. one. Its product advertisements and packaging all prominently promote "lavender", making "lavender" health pillows well known to consumers, and other manufacturers have also launched "lavender" health pillows. Later, "Lavender" was recognized as a well-known trademark by the court. Which of the following statements are correct? (2013/Wednesday/65)

A. Company A can use two trademarks on one product at the same time

B. Company A’s objection to the United States Many countries enjoy exclusive rights to trademarks, but lavender does not enjoy exclusive rights to trademarks

C. The court’s identification of well-known trademarks can be included in the main text of the judgment

D. Lavender describes The main raw material of this product cannot be applied for registration

Reference answers

1. Test points: trademark registration procedure (registration application); ways to obtain trademark rights; identification of well-known trademarks; aspects of trademark registration Conditions

Answer AB. Analysis: There is no legal restriction stipulating that an enterprise cannot use two trademarks on the same product. Item A is correct and elected.

Article 3, Paragraph 1 of the "Trademark Law" stipulates that: Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys exclusive rights to the trademark Rights, protected by law? In this question, although "Lavender" is recognized as a well-known trademark, because it has not been registered, Company A cannot enjoy the exclusive right to trademark "Lavender". Choice B is correct and elected.

Article 13 of the "Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Civil Disputes Involving the Protection of Well-known Trademarks" stipulates that in civil dispute cases involving the protection of well-known trademarks, the People's Court shall The recognition of well-known trademarks is only used as the facts of the case and the reasons for the judgment, and is not included in the main text of the judgment; if the trial is concluded through mediation, the fact that the trademark is well-known will not be recognized in the mediation document. Item C is wrong and cannot be selected.

Article 11 of the "Trademark Law" stipulates that the following signs shall not be registered as trademarks: (1) only the common name, graphics, and model of the product; (2) only directly indicating the quality of the product , main raw materials, functions, uses, weight, quantity and other characteristics; (3) Lack of distinctive features. If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks. Narrative marks generally cannot apply for registration, but they can apply for registration after they have gained distinctiveness through use and become well-known to consumers. Item D is wrong and is not selected.

Therefore, choose AB for this question. More Legal Professional Qualification Examination