"Crocodiles" Bite Again (3)

"Hongkong crocodile" believes that "Shenyang crocodile" is a copy and imitation of the trade mark of the famous Chinese Trademark "Hongkong crocodile". It is a trademark that violates the principle of good faith and applies for registration. According to Chinese law, the trademark should be refused to register.

The "Shenyang crocodile" is a tit for tat, arguing against the objection of two "crocodiles" from Singapore and Hongkong. "Shenyang crocodile" appears confident and calm.

In June 18, 2000, the Shenyang crocodile stated in the "reply" to the Trademark Office of the State Administration of industry and commerce that the objection of two crocodile companies in Singapore and Hongkong to attack the "Shenyang crocodile", "malicious plagiarism of the well-known trademark of dissenters", "violation of the original principles of honesty and credit", "similarity to the registered trademarks of dissident persons", "confusion and misunderstanding" and so on, are not only illegal but also absurd.

Because the "Shenyang crocodile" trademark is neither infringing nor imitation.

First, crocodiles come from nature and cannot be monopolized.

Large, thick skinned, elongated animals growing in tropical or subtropical waters are derived from natural and non dissenting individuals.

Like the use of animal names like steeds, flying pigeons, butterflies and white bears, crocodiles can not monopolize a few enterprises, and in fact, they cannot monopolize them.

By June 4, 2000, there were 1 million 240 thousand and 883 registered trademarks in 42 commodity categories in China, of which 65 were Chinese character "crocodile" trademarks, 32 with "crocodile figures".

In the registration of similar commodities, there are more than 10 registered figures.

Among the 8 "crocodile" trademarks, the left side of the logo is 4 to the left and 4 to the right. Are these trademarks imitation of "crocodiles" in Singapore and Hongkong?

The image of crocodile is like this. With "Singapore crocodile" and "Hongkong crocodile", can others' crocodile grow another look?

Two, "starch crocodiles" and "clothing crocodile" Wind Horse cattle.

Although the "Hongkong crocodile" is registered in mainland China (twenty-fifth categories of clothing), "Singapore crocodile" has not been registered in China (twenty-fifth categories), but how can starch (thirtieth categories) and clothing (twenty-fifth categories) be confused and cause consumers to misunderstand it?

If it is not bluff and alarmist, it is also a publicity and hype.

Three, "crocodile" has nothing to say.

"Singapore crocodile" and "Hongkong crocodile" think that "Shenyang crocodile" is registered, will produce consumers mistakenly believe that "starch" and "clothing" for the same enterprise products, this is purely arrogant and sentimental.

The world's registered trademark "crocodile" brand many, there are screws, London, adhesive tape, shoe polish and so on, these products enterprises have nothing to do with "Singapore crocodile" and "Hongkong crocodile". According to the logic of the objection party, should these crocodiles be eliminated from the market?

In fact, it is easy to confuse and mislead the market by saying that things that are not related are related.

Four, "Shenyang crocodile and graphic" trademark should be protected according to law.

In the thirtieth categories of commodities, before the "crocodile" trademark registration, "Shenyang crocodile and graphics" to apply for registration according to law and get first trial announcement, which is in line with the relevant provisions of the Chinese Trademark Law and the Paris convention.

Trademark competition should follow the track of the legal system. This is the highest rule, and no rules can be replaced.

The Shenyang crocodile urged the Trademark Bureau of the State Administration for Industry and commerce to register the trademark of "Shenyang crocodile and figure" on thirtieth types of starch products.

According to a reporter's interview in early September, the "crocodile" dispute from four countries in the Three Kingdoms is still continuing.

According to September 6, 2001, the State Trademark Office ruled that the crocodile was a natural animal and a non dissenter.

Shenyang's "crocodile" starch trademark is granted registration.