Beat American Companies To Win 007 (2)
The US company believes that a certain character and its code name in its films and television works become a trademark because of its popularity. Because it has been published or published in many countries, it is a well-known trademark, which is a wrong understanding of the trademark law.
Wuhan Weibo also believes that the "JAMESBOND007" is known as "world famous trademark".
The second provision of China's "Interim Provisions on the recognition and management of well-known trademark law" stipulates that "well-known trademarks in this provision refer to registered trademarks that enjoy a high reputation in the market and are known to the public".
"JAMESBOND007" is not a trademark in China at all.
Wu said that "JAMESBOND007" does not have the trademark characteristics stipulated by law. Before the application of trademark registration by Wuhan Weibo, no one has obtained the exclusive right to use the trademark "007" in our country.
"WEB" is the abbreviation of the English name of Wuhan Weibo. It is not the meaning of "Internet" at all.
Wu, for example, says that the trademark "IBM" registered by IBM will not be considered as an "IntercontinentalBallisticMissile" trademark.
Moreover, the "WEB" trademark was registered in August 14, 1997 (Registration No. 1078604th).
The combination of the two is not against the prohibition rule of the trademark law.
For the sake of prudence, Wu spent three days making 5 pages of defense, and sent it in 21 in May 2001, which was sent to the relevant departments of the state successfully, and another second days later.
The "007" trademark was set up in Wuhan on January 6, 2003. The Trademark Office of the State Administration for Industry and Commerce issued a document that "007" and "JAMESBOND" are the codes and names of the heroine of the series of films featuring spy stories.
The United States did not use it as a trademark, nor did it register it as a trademark in the mainland of China.
Therefore, the United States Dan Jie company in mainland China does not enjoy the "007" and "JAMESBOND" trademark exclusive right.
Wuhan Weibo company applied for registration in July 5, 1997. It has been designated as the ninth category of "glasses, sunglasses, optical instruments and instruments". According to the principle of application for registration of registered trademarks in China, the 1493763rd "WEB007" trademark of Wuhan Weibo has been registered.
Wei
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