Beat American Companies To Win 007 (1)
One of the world's most popular words is "007", one of which is a small local enterprise in Wuhan, because a trademark "meets each other".
In the end, small businesses in Wuhan came up with legal weapons and won their own interests.
Yesterday, the head of Wuhan Weibo Technology Development Co., Ltd., who got the trademark ruling of the State Administration for Industry and commerce, said excitedly: "two years grinding a sword, we finally won!"
Ye Fengchun, director of Wuhan Trademark Office, said that this is the first time that the Wuhan company has "trademark lawsuit" with the US company, and is also the first "win the battle of law".
Wu Xiaowei, the lawyer of Wuhan's Weibo legal department, talked about this "fighting law" and said with emotion, "Chinese enterprises should have a strong sense of self-protection." 007, the United States raised the question of trademark objection.
In July 5, 1997, Wuhan Weibo commissioned the Wuhan trademark office to apply for the registration of the "WEB007" trademark (category 1493763rd, class ninth). The State Administration for Industry and Commerce has preliminarily approved it and published it on the 752nd "trademark notice" in September 21, 2000.
After the publication of the trademark notice, in December 20, 2000, Danjaq (LLC) commissioned the Yongxin patent and Trademark Agency Limited (Hongkong) to raise objection. The United States said that the trademark "WEB007" of Wuhan Weibo was "plagiarized and imitated" on its real world famous trademark "007" and "JAMESBOND", violating its exclusive right to well-known trademark, which easily caused consumers to misunderstand the source of products and violated the principle of good faith.
The meaning of English "WEB" contained in the trademark is "network". As a trademark, it lacks significance and should not be monopolized by Wu Hanwei Bo.
Should be refused registration according to law.
Wuhan's "007" is derived from the product, and it will be able to register the application for trademark registration within 18 months. In the middle, it has also made two calls to the relevant departments for consultation, but it has received the US trademark objection.
In April 2001, Wuhan Weibo received a letter of objection. Wu Xiaowei, the legal adviser of the company, wanted to entrust the city trademark office to represent the objection, but considered the importance and the familiarity of the event and decided to defend himself.
Wu said that when he applied for the trademark, one was the English abbreviation "WEB" of Weibo, and the two was "007", which was the product of the company at that time. The center thickness of the contact lens was "0.07 millimeter", and the two were combined to form the trademark.
After the US "007" did not register in China, Wu Xiaowei studied the American trademark objection application carefully, and spent a lot of time studying the Paris Convention on the protection of industrial property rights, the national trademark law and the rules for the implementation of the trademark law. It turned out that the objection of the US company had the biggest loophole: its "007" and "JAMESBOND" were not trademarks as defined in the trademark law, at least not registered in China.
Wu said that Dan Jie company only talked about the world influence of "007" movies, and there was no evidence to prove the extent to which "007" was used in what kind of trademark image, in what kind of commodities and in what areas, and no registered or non registered trademark had been used in "007" in China. Even in a series of films, there was no trademark logo with specific "007" in titles or elsewhere.
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