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Analysis Of Case Of The Rush Register Abroad About The Trademark Of Wangzhihe Gourmet Food-since 1669

Posted on:2012-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:X H LiFull Text:PDF
GTID:2166330335470385Subject:Intellectual Property Rights
Abstract/Summary:PDF Full Text Request
China Time-honored Brand "Wangzhihe Gourmet Food-since 1669" trademark in 2005, the company was rush-registered by OkAI Import Export GmbH in Germany."Wangzhihe Gourmet Food-since 1669" the company after more than three years overseas rights, and finally in April 2009 to victory. This community in the country a big hit, draws the media as "the first case of Chinese overseas rights," "Wangzhihe Gourmet Food-since 1669" The success of China's enterprises overseas trademark rights provides a useful reference.This paper is divided into three parts:the first is "Wangzhihe Gourmet Food-since 1669" are rush-registered trademarks of the case overseas, review and introduction of trial results; second part of the focus for the legal analysis of the case. Abusive registration of trademarks for trademark protection regime is the inevitable outcome, although the formal principles consistent with the provisions of the eariier application, but OkAI Import Export GmbHcompanies which are violations of the "Wangzhihe Gourmet Food-since 1669" the company's earlier rights, violated the company's well-known trademark ownership, this behavior is typical of unfair competition, in essence the company's registered OkAI Import Export GmbH behavior is malicious use of deception to cover up illegal purposes in the form of legal invalidity of civil behavior. Therefore, the OkAI Import Export GmbH a serious violation of trade mark rights the company man "Wangzhihe Gourmet Food-since 1669" the legitimate interests of the company should bear legal responsibility. The third part is to prevent overseas are registered trademarks and Countermeasure Analysis. Enterprises face in our country frequently subjected to overseas registered trademark of the reality of China's enterprises must enhance awareness of international trademark protection, and actively carry out international registration of trademarks, the establishment of early warning mechanisms and corporate trademarks trademark protection monitoring system, to create well-known trademarks. In addition, local governments, various industry associations to play its own advantages, although its functions combined together to do business a well-known trademarks of foreign protection.China's enterprises in the international market place and to develop and then get into the ranks of the world's largest companies must develop their own trademark strategy, emphasis on international registration of trademarks, which is to open up the market, the creation of brand-name basis.
Keywords/Search Tags:trademark, rush-registered, infringement, coping strategies
PDF Full Text Request
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