1. Multiple-choice questions

1. Company A creatively named the liquor it produced "Xiaoyaole", and used it in the packaging, decoration and advertising of the liquor. Promote the name of the wine prominently, so that "Xiaoyaole" is well known to consumers and has a good reputation. After Company B knew that Company A had not registered "Xiaoyaole", it used it as the trademark of its own liquor and registered it first. The trademark registration application was initially reviewed and announced by the Trademark Office. Which of the following statements are incorrect? (2012/Wednesday/65)

A. Company A has the right to file an objection with the Trademark Office during the objection period and oppose the approval of Company B’s registration application

B. If "Xiaoyao Le" is approved for registration, Company A has the right to claim the right of prior use

C. If "Xiaoyao Le" is approved for registration, Company A has the right to request the Trademark Office to cancel the trademark

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D. Company A has the right to sue the court to request Company B to stop using it and compensate for losses

Reference answers

1. Test points on trademark registration procedures (review and approval); Restrictions on trademark rights (right of prior use of trademarks); revocation of registered trademarks; ways to obtain trademark rights

Answer CD

Analysis: "Xiaoyaole" used by Company A can be regarded as As an unregistered trademark, after being used and generating a certain reputation, the unregistered trademark should obtain a certain degree of legal protection. Article 32 of the Trademark Law stipulates that "applications for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has a certain influence." Article 33 of the Trademark Law stipulates that, within three months from the date of announcement of a preliminary approved trademark, if the prior rights holder or interested party believes that it violates paragraphs 2 and 3 of Article 13 of this Law, Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32, or any person believes that Article 10, Article 11, or Article 12 stipulates that objections may be filed with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration can be approved, a trademark registration certificate will be issued, and the trademark will be announced. In this question, if Company B preemptively registers an unregistered trademark that Company A enjoys a certain reputation for, Company A can file an objection in accordance with the law within the objection period and oppose Company B's registration. Choice A is correct and is not elected.

When this question was taken (2012), the Amendment (III) (2013) of the Trademark Law had not yet been announced (it will take effect in 2014). Statement B was wrong at the time. Paragraph 3 of Article 59 of the "Trademark Law" stipulates that before the trademark registrant applies for registration of a trademark, others have already used the same or similar registered trademark before the trademark registrant on the same or similar goods and have certain influence. If a trademark is a registered trademark, the owner of the exclusive right to register the trademark has no right to prohibit the user from continuing to use the trademark within the original scope, but may require the user to attach an appropriate distinguishing mark. Choice B is correct and is not elected.

Paragraph 1 of Article 45 of the Trademark Law stipulates that a registered trademark violates paragraphs 2 and 3 of Article 13, Article 15 and Article 16 of this Law. As stipulated in Paragraph 1, Article 30, Article 31, and Article 32, within five years from the date of trademark registration, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. . For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit. Therefore, if a trademark registration application is filed in violation of Article 32 of the Trademark Law, the prior rights owner 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 cancel the registered trademark. Item C is wrong and selected.

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 the exclusive rights of the trademark Rights, protected by law?

my country's Trademark Law implements a registration system. Only registered trademarks can obtain exclusive rights. Even if it is an unregistered well-known trademark, the user only has the right to prohibit others from registering and using it in accordance with the law, but is not allowed to claim compensation for damages. Item D is wrong and selected.