1.A company originally named its liquor as? Are you happy? , and highlight the name of wine in packaging, decoration and advertising to? Are you happy? It is well known to consumers and has a good reputation. Company B knows that Company A is not registered? Are you happy? After that, it will be used as the trademark of its own liquor, and it will be registered first. The application for trademark registration shall be preliminarily examined and approved by the Trademark Office and announced. Which of the following statements is false? (20 12/ 3 /65)

A. Company A has the right to raise an objection to the Trademark Office during the objection period, and object to the approval of Company B's registration application.

Like what? Are you happy? After approval and registration, Company A has the right to claim the right of first use.

C. like what Are you happy? After being approved for registration, Company A has the right to request the Trademark Office to cancel the trademark.

Company D A has the right to bring a lawsuit to the court, demanding that Company B stop using it and compensate for the losses.

Reference answer

1. Review the trademark registration procedures of the Center (approval); Restrictions on trademark rights (trademark preemption); Revocation of a registered trademark; Ways to obtain trademark rights

Answer CD

Analysis: Used by Company A? Are you happy? Can be regarded as an unregistered trademark. After being used and having a certain reputation, unregistered trademarks should be protected by law to some extent. Article 32 of the Trademark Law stipulates? The application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by unfair means? . Article 33 of the Trademark Law stipulates? Within three months from the date of announcement, if the prior obligee or interested party thinks that the trademark violates the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32 of this Law, or thinks that it violates the provisions of Article 10, Article 11 and Article 12 of this Law, it may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration may be approved, a trademark registration certificate issued, and an announcement made? . In this topic, for company B to register the unregistered trademark that company A enjoys a certain reputation first, company A can raise an objection according to law during the objection period, and object to the registration behavior of company B. Item A is correct and is not elected.

At the time of examination (20 12), the third amendment to the trademark law (20 13) had not been published (20 14 came into effect), and the statement in item b was wrong at that time. Paragraph 3 of Article 59 of the Trademark Law stipulates? Before a trademark registrant applies for a registered trademark, if another person has used a trademark that is the same as or similar to the registered trademark and has certain influence before the trademark registrant, the exclusive right holder of a registered trademark has no right to prohibit the user from continuing to use the trademark within the original scope, but may require it to attach an appropriate distinctive mark? . Item b is correct and not selected.

Paragraph 1 of Article 45 of the Trademark Law stipulates that if a registered trademark violates the provisions of paragraphs 2 and 3 of Article 13, paragraph 1 of Article 15, paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of this Law, the prior obligee or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid within five years from the date of trademark registration. For malicious registration, the owner of a well-known trademark is not limited by five years. Therefore, if an applicant applies for trademark registration in violation of Article 32 of the Trademark Law, the prior obligee or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid, but may not request the Trademark Office to revoke the registered trademark. Error c, elected.

Paragraph 1 of Article 3 of the Trademark Law stipulates? Trademarks approved for registration by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law? . China's trademark law implements a registration system, and only registered trademarks can obtain exclusive rights. Even for unregistered well-known trademarks, users only have the right to prohibit others from registering and using them according to law, but they may not claim damages. D wrong, elected.