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    Chivas Was Snatch As A Trademark &Nbsp In China, And Was Defeated In The First Instance.

    2012/3/12 13:31:00 29

    Wenzhou Clothing Commodity Cap

    The court held that "Chivas clothing" does not exist to seize by improper means.

    well-known trademark

    It is also used for non sale goods, and the judge has failed.



    A citizen in Wenzhou applied for the registration of "CHIVAS REGAL" trademark for clothing, triggering dissatisfaction with Chivas brothers (America) Co., Ltd. (Chivas), which owns Scottish whisky brand.

    Chivas has submitted the Trademark Review and Adjudication Board of the State Administration for Industry and commerce to the court, calling for the cancellation of the trademark registration of Wenzhou residents.


    Recently, a middle court rejected the appeal of Chivas.


    Chivas said the trademark was snatch.


    In July 2003, Wen Wen of Wenzhou, Zhejiang, applied for the trademark "CHIVAS REGAL88 and map" to the Trademark Office of China, designated for clothing and other commodities.


    Chivas objected to it. After being rejected by the Trademark Office, it filed a review application with the business jury.


    In July 2010, the business jury decided that Chivas trademark was used in the

    clothing

    ,

    shoes

    Products such as caps and other commodities can play a role in distinguishing the source of production. They should have the salient features of the trademark and do not violate the provisions of the trademark law.


    Chivas believes that the company has copyright in the graphic design of the "CHIVAS REGAL and map" trademark. Wen's trademark Chivas applied for clothing infringes the prior copyright of the company.

    In addition, Chivas's English trademark has a high reputation and has become a well-known trademark. Chivas trademark constitutes a plagiarism and imitation of the well-known trademark of the company.


    For this reason, Chivas took the business jury to court and demanded the cancellation of a trademark registered by Wen.


    The court upheld the judge's ruling.


    According to the trial of the first intermediate people's court, the evidence of Chivas company can not prove that the trademark "CHIVAS REGAL" is a well-known trademark widely known by the public before the registration date of Chivas clothing trademark.

    At the same time, Chivas also has no evidence to prove that the first publication time and the completion time of the work "CHIVAS REGAL and map" were earlier than the application date of the Chivas trademark.

    In addition, the trademark is used on the work clothes of the salesmen of the company, not the commodities sold on the market.

    Court

    Wen can not be identified as an improper means to seize the trademark already used by others and has certain influence.


    Recently, a court upheld the ruling of the business jury and decided that Chivas had lost the lawsuit.

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