1. Hechuan County is rich in litchi, which is well known. County established Hechuan Litchi Association and applied for registration? Rivers? Trademark, approved for use in litchi products, is licensed to members of this association. Will farmers who join the litchi association have? Rivers? Litchi in trademark packaging is wholesale to Liansheng Supermarket. When the supermarket sold this batch of litchi, it also put its own registered trademark on the packaging of litchi? Winning streak? . Which of the following statements is true? (20 15/ 3 /64)
A.？ Rivers? Trademarks are collective trademarks.
B.？ Rivers? A trademark is a certification trademark.
C.？ Rivers? A trademark that uses the name of an administrative division at or above the county level shall be declared invalid.
D. the behavior of winning streak supermarket did not infringe trademark rights.
Reference answer
1. Test center trademark registration conditions; Manifestations of trademark infringement
Answer AD. Analysis: The second and third paragraphs of Article 3 of the Trademark Law stipulate? The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization. The term "certification trademark" as mentioned in this law refers to a mark controlled by an organization that has the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services? . This question, is the Litchi Association registered? Rivers? Trademark and permit its members to use it in accordance with the legal characteristics of collective trademarks. Therefore, the trademark belongs to a collective trademark rather than a certification trademark. Item A is correct and elected. Error b, not elected.
Paragraph 2 of Article 10 of the Trademark Law stipulates? Geographical names of administrative divisions at or above the county level or foreign geographical names well known to the public shall not be used as trademarks. However, unless the place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names remain valid? . To apply for registration of a collective trademark, the name of an administrative division at or above the county level may be used. Error in item C, not selected.
In this problem, when Liansheng Supermarket sold this batch of litchi, it also put its own registered trademark on the packaging of litchi? Winning streak? This is a service trademark and does not constitute infringement. Item d is correct and elected.
Therefore, this question chooses AD.
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