Address: Beijing Haidian area clear convert 18 coronals square mansion
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"I am Jiang Xiaobai, the life is very simple " , " the youth of reach the same goal by different routes, it is best days " , " walk along it may not be a bad idea of a few crooked road to spend place mark time " , " group construction long way is boundless, do not pass the opening space to bottom " ... industry of Chongqing river small liquor limited company (company of abbreviation Jiang Xiaobai) advocate cartoon character figure and his classical ana gives hit Jiang Xiaobai a lot of customer, get the favour of young market. Recently, beijing knows to produced a court to accept Jiang Xiaobai company one case to sue the accused country to be versed in commercial firm politics manages total bureau brand to evaluate committee for accuser (committee of abbreviation brand evaluation) , line of business of Yun Xiaobai wine of Shandong of the 3rd person limited company (, the dispute that we invite to see them below why.
"Yun Xiaobai " brand (abbreviation appeals to contend for brand) the department was put forward to register application in December 2014, appoint use go up in the commodity such as the 33rd kind of aperitif, was registered permissibly in Feburary 2016 and come at was being made over in October 2017 this case company of Yun Xiaobai of the 3rd person.
Jiang Xiaobai company was opposite in September 2016 " Yun Xiaobai " brand puts forward invalid declare to apply for.
Brand evaluation committee is in about " Yun Xiaobai " invalid declare requests brand ruling book (abbreviation is appealed to to rule) in maintain: One, appeal to contend for brand and " Jiang Xiaobai " brand (abbreviation is adduce brand) passable and divisional, did not form use the approximate label on identical or similar goods. 2, appeal to those who contend for brand character and Jiang Xiaobai company to enjoy copyright " Jiang Xiaobai " cartoon character figure is in form the respect such as effect of element, vision to exist to be distinguished constitutionally, with Jiang Xiaobai the company product decorate that pack also was not formed identical or close. 3, Jiang Xiaobai company contends for brand to violate trademark law about appealing to paragraph and 44 the first compose are didymous its brand borroweds, basis of fact of me-too view lack. On put together, the invalid declare reason of Jiang Xiaobai company does not hold water, appeal to contend for brand to give maintain.
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Jiang Xiaobai company refuses to obey ruling be appealinged to is sued know to produce a court of justice to Beijing, its basically sue reason to be: One, appeal to contend for brand and adduce brand to be in make the respect close such as effect of vision of element, whole, and coexist with adduce brand at the market easy bring about promiscuous mistake, form use the approximate label on identical or similar goods. 2, appeal to contend for brand and accuser " Jiang Xiaobai and graph " brand also is formed use in same plant or the approximate brand on similar goods, disobeyed trademark law thirtieth regulation. 3, the subjective ill will that appeals to those who contend for brand to register existence to imitate accuser, violated trademark law the 44th the first regulation. 4, appeal to those who contend for brand to register violated trademark law the 7th mixes the 10th the first (7) regulation. On put together, request court cancel is appealed to to rule, sentence your the accused to make a ruling afresh.
Current, this case is in farther cognizance.
Judicatory knows publicly to produce protection
Court of Beijing intellectual property civilian service means
Lawsuit serves 010-89082000;010-12368
Supervise inform against 010-12368
Supervise on the net 1. Clerk of senior people court violates Beijing discipline breaks the law inform against central net Http://jubao.court.gov.cn/bej; 2. To " know to produce Beijing " date of small letter public leaves a message, mention expressly " full name + Id date + connection phone + reflective problem (if reflect case problem, be sure to indicate please record date) "