1.produced by a company? Mei Duo? Brand lavender health pillow? Mei Duo? Lavender, as a registered trademark, is one of the main raw materials for pillows. Its product advertising and packaging are outstanding? Lavender? , lead to? Lavender? Health pillows are well known to consumers, and other manufacturers have also introduced them? Lavender? Healthy pillow. After that? Lavender? It was recognized as a well-known trademark by the court. Which of the following statements is true? (20 13/ 3 /65)
Company A can use two trademarks on a commodity at the same time.
B. a company, right? Mei Duo? Enjoy the exclusive right to use trademarks, right? Lavender? Do not enjoy the exclusive right to use trademarks
C the court's determination of well-known trademarks can be written into the text of the judgment.
D.? Lavender? The main raw materials of the goods are described, and you cannot apply for registration.
Reference answer
1. Review the trademark registration procedure of the Center (registration application); Ways to obtain trademark rights; Identification of well-known trademarks; Conditions for trademark registration
Answer AB. Analysis: There is no legal restriction that an enterprise cannot use two trademarks on the same commodity. Item A is correct and 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? . In this question,? Lavender? Although it is recognized as a well-known trademark, Company A is right because it is not registered. Lavender? Can't enjoy the exclusive right to use a trademark. Item b is correct and elected.
Article 13 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes Involving the Protection of Well-known Trademarks stipulates? In civil disputes involving the protection of well-known trademarks, the people's court's determination 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 text of the judgment; Where the case is settled by mediation, the fact that the trademark is well-known shall not be recognized in the mediation document? . Error in item C, not selected.
Article 11 of the Trademark Law stipulates? The following marks shall not be registered as trademarks: (1) Only the common name, figure and model of the goods; (two) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods; (3) Lack of distinctive features. The marks listed in the preceding paragraph may be registered as trademarks if they have obvious features and are easy to identify after use? . Generally speaking, narrative signs cannot be registered, but they can be registered after being familiar with consumers. D error, not elected.
Therefore, this question chooses AB. More legal professional qualification examinations