论文部分内容阅读
前不久,北京市中级人民法院知识产权庭,公开开庭审理了北京市王致和腐乳厂(下称王致和腐乳厂)提起的商标侵权上诉案,并当庭作了宣判.下面笔者试图对本案做一评述.1985年4月30日,王致和腐乳厂在国家工商行政管理局商标局注册“王致和”牌商标,并获准取得该商标的专用权,核定使用商品为腐乳.“王致和”商标属北京市著名商标.北京市顺义县腐乳厂(该厂系顺义县李家桥中学校办企业,下称顺义县腐乳厂),曾于1987年向国家工商行政管理局商标局申请注册“致和”商标.经初步审定公告后,因主致和腐乳厂提出异议,商标局裁定通知双方:双方商品相同,商标名称近似,异议成立,“致和”商标不予核准注册.1989年6月20
Not long ago, the Intellectual Property Court of Beijing Intermediate People's Court held a public hearing of the trademark infringement appeal case filed by Beijing Wang Zhihe Bean Curd Factory (hereinafter referred to as Wang Zhi Hefu Milk Factory), and made a judgment in court. On April 30, 1985, Wang Zhi Hefu Milk Factory registered the trademark “Wang Zhi He” in the Trademark Office of the State Administration for Industry and Commerce and was allowed to obtain the exclusive right of the trademark, and the use of the product was confirmed as fermented bean curd. Wangzhihe Trademark is a famous trademark of Beijing City. Shunyi County, fermented bean curd factory (Shunyi County, the plant is home to Lijiaqiao Middle School, hereinafter referred to as Shunyi County, fermented milk factory), in 1987 to the State Administration for Industry and Trademark Office to apply for registration After the initial examination and approval notice, due to the main objection and the fermented bean curd factory, the Trademark Office decided to inform both parties that the two parties had the same goods, the name of the trademark was similar, the objection was established and the trademark of “Zhihe” was not approved for registration. June 20