1. Multiple-choice questions

1. Company A is an enterprise from country A, a member country of the Paris Convention for the Protection of Industrial Property. After the application for registration of the "Baixue" trademark on the product was accepted, the company applied to the my country Trademark Office to register the "Baixue" trademark on May 30, 2013, and it was approved for use on three categories of products: milk, pastries and food containers. Which of the following statements are incorrect? (2014/Wednesday/64)

A. Company A should entrust a legally established trademark agency to apply for trademark registration

B. Company A must submit Three registration applications, applying for registration of the same trademark on three categories of goods respectively

C. Company A can enjoy priority according to law

D. If the Trademark Office determines that during the opposition procedure? Bai Xue ?The trademark is a well-known trademark, and Company A can use the words ?well-known trademark? on its milk packaging

Reference answers

1. Test points trademark registration procedures (application agency, registration application) ;Basic principles of international intellectual property protection;Promotion of well-known trademarks

Answer BCD. Analysis: According to the second paragraph of Article 18 of the Trademark Law, when a foreign company applies to register a trademark, it should entrust a trademark agency established in accordance with the law to handle it. Choice A is correct and is not elected.

Paragraph 2 of Article 22 of the Trademark Law stipulates that a trademark registration applicant may apply to register the same trademark for multiple categories of goods through one application. Option B is wrong and elected.

Paragraph 1 of Article 25 of the "Trademark Law" stipulates that within six months from the date when the applicant first files an application for trademark registration in a foreign country, the applicant shall register another trademark in China. If a trademark registration application is filed for the same goods with the same trademark, the foreign country may enjoy priority in accordance with the agreement signed by the foreign country with China or the international treaty that both countries are a party to, or in accordance with the principle of mutual recognition of priority. The time for enjoying priority is within 6 months from the date when a trademark is first filed for trademark registration in a foreign country. In this question, Company A filed the application in Country A on August 1, 2012, and in China on May 30, 2013. Obviously, it has been more than 6 months, so Company A no longer enjoys priority. Item C is wrong and selected.

Paragraph 5 of Article 14 of the "Trademark Law" stipulates that producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or for advertising, exhibitions and In other business activities?. Item D is wrong and selected.

Therefore, BCD is chosen for this question.

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