According to Article 3 of the Trademark Law, "a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law." Article 29: "Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same commodity or similar commodities, they shall make a preliminary examination of the trademark applied earlier and make an announcement; If the application is made on the same day, the prior trademark will be preliminarily examined and announced, and the application of others will not be announced and rejected. " In China, trademark application is the principle of registration and the principle of first application.
2. legal.
Paragraph 2 of Article 9 of the Patent Law "Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant." Patent application is also the principle of prior application.
3、
Article 69 of the Patent Law stipulates that any of the following circumstances shall not be regarded as infringement of the patent right.
① One plus feed dates back to1April, 998, and photos have always been used as decorations on packaging bags. If it is1April, 1998, the design patent will be used within the original scope, which does not constitute patent infringement, but a reasonable royalty will be paid!
(2) One Plus Feed uses the photo after the appearance patent is authorized, which constitutes patent infringement.
4. Litigation and mediation.
Ps: All three companies have infringed on Wang Ge's copyright, and they all have to pay compensation!