"Crocodiles" Bite Again (2)

"Singapore crocodile" said that one, "Shenyang crocodile" starch trademark imitation of the "Singapore crocodile" clothing trademark, should be revoked.

The objection held that the "Singapore crocodile" graphic trademark was founded in 1947. Over the past 50 years, the trademark has been registered in 19 countries and regions in the world, including China, including the international classification ninth, fourteenth, sixteenth, 18, 24, 25, 26 and 28.

Because of its long history and registration in many countries and regions of the world, the trademark enjoys a high reputation and reputation among consumers. The "crocodile graph" trademark with special shape has become a well-known brand.

Two, "Shenyang crocodile figure" and "Singapore crocodile figure" have many things in common.

It is also the left side of the head, the mouth opens, and the text CROCODILE is separated from the graph.

Three. Although the "Shenyang crocodile" has applied for registration and use on thirtieth types of starch products, it may still be mistaken by consumers for its trademark or its users' commercial or other links with the Singapore crocodile trademark or its owner because of its characteristics in relation to the trademark of Singapore crocodile figure.

Four, the Paris convention stipulates that "if a trademark is well-known in member countries, it should be protected even if it has not been registered or used in that country."

China is a member of the Paris Convention and an Asian country. The "Singapore crocodile figure" trademark should be protected in mainland China.

The Singapore crocodile International (private) Limited believes that the "Shenyang crocodile and graphic" trademark is similar to the "Singapore crocodile and crocodile figure" trademark, requiring the Trademark Office of the State Administration for Industry and commerce to cancel the application for registration of the trademark.

The "Hongkong crocodile" also raised objections to the "Shenyang crocodile". In February 25, 2000, Hongkong crocodile Co. Ltd. also raised objections to the "Shenyang crocodile and graphics" trademark.

"Hongkong crocodile" believes that the alligator brand has a long history.

Crocodile company was founded in 1952. "Hongkong crocodile" not only has the earliest registered crocodile graphic trademark in 1910, but also has many different series of crocodile trademark, such as "crocodile figure", "crocodile", "crocodile", "crocodile" and so on.

Two, Hongkong crocodile clothing trademark in the registration area and the scope of use have reached a well known level.

The "Hongkong crocodile" has been registered and used in 17 countries and regions. In 1991, it entered the Chinese mainland market and opened more than 260 stores.

At present, there are also trademarks of "Crocodile", "crocodile" and "crocodile figure" registered on 38 categories of commodities in mainland China. Besides, there are 46 categories of registered trademarks of crocodiles that have been initially registered in mainland China.

Three, "Shenyang crocodile" and "Hongkong crocodile" constitute a trial.

First, the crocodiles in the two trade mark are lying on the ground and their heads open to the same mouth. They seem to be making a pleasant call. They appear to be delighted and delighted. In the market, consumers agree to confuse the two. Two, two marks are the same in Chinese and English, while the Hongkong crocodile clothing brand is well-known trademark, which is well known to Chinese consumers. Three, the "Shenyang crocodile" and "Hongkong crocodile" graphics are similar. It is easy for consumers to mistake them for a series of trademarks of "Hongkong crocodile", thus causing the source of production to be mistaken.