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Analysis on the relevant provisions of the trademark law of place names in "other meanings"

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in the present case the names of administrative divisions above the county level shall not be used as trademarks or registered, unless the place name has a different meaning. Names with "other means" can be either the inherent meaning of the words, can also be obtained after the vocabulary through use of "the second meaning". However, regardless of the intrinsic meaning or "the second meaning" only strong in place name meaning, the place names used vocabulary can be registered as trademarks. Determine whether the name has "other meanings" should be judged on relevant public body.
case
Xiamen cigarette factory on February 12, 2004, the State administration for industry and Commerce Trademark Office (hereinafter referred to as the Trademark Office) for registration of "Shishi" Word trademark (the opposed trademark, as shown in figure). Preliminary approval by opposed trademark and notice specifies the use of the 16th class "tissue" and other goods. Opposed trademark has been approved to go to Xiamen after the tobacco company.
trademark registration against the tobacco companies in Xiamen, Shishi City Government objected to the Trademark Office an application within the statutory time limit, the Trademark Office examined and ruled by the opposed trademark registration shall be approved. Shishi City Government is not satisfied with the Trademark Office's decision to the State administration for industry and Commerce trademark review and adjudication Board (hereinafter referred to as trab) contested applications for review. The main reason is: is located in the southeast of Fujian, Shishi, in 1988, the State Council approved City, is famous for fashion, its name as administrative areas have far more than their own meaning. Be opposed trademark is registered and used on the designated goods, easy to make consumers think it identifies the origin of goods or the provision. Of the opposed trademark registration and general consumers can be easily identified as by the opposed trademark logo products from Shishi City Government, Shishi City Government and damage the legitimate rights and interests of consumers, and Shishi is likely to hurt the people's simple emotions, which have a negative impact. To sum up, according to the Nineth and tenth article of trademark law (VIII), the provisions of article tenth second, 16th and request not approved by the opposed trademark registration. Meanwhile, Shishi Shishi City Government presented to the trademark review and adjudication Board award certificate copy of Wikipedia on the "Lions" Shishi explains prints, proof and other evidence issued by the Administration for industry and commerce. Tobacco companies in Xiamen with the trademark review and adjudication Board presented Baidu encyclopedia on "Lions" explanation in cigarette and tobacco company in Xiamen commodities on "Lions and figure" was identified as a well-known trademark dispute ruling.
on October 24, 2011, the trab to No. 24730 ruled that each tenth opposed trademark is not in violation of trademark law the provisions of the second paragraph of article, according to the provisions of trademark law article 33rd, 34th, ruled that trademark registration shall be approved by objections.
Shishi City Government refuses to accept the ruling, the Beijing Municipal first intermediate people's Court in administrative proceedings.
decision
the Beijing Municipal first intermediate people's Court that "Lions" explains the meaning of the Word can be used for many, and refer to the specific subject of "Lions" meaning is not stronger than the meaning of place names. By the opposed trademark "Lions" does not constitute a trade mark Article tenth of the law referred to in the second paragraph of "place names have other meanings", in its decision No. 24730 finds no basis, therefore, in accordance with the administrative procedure law article 54th (ii) the provisions of decisions: first, revoked its ruling No. 24730; second, the trademark review and adjudication Board to decide.
judge refuses to accept the ruling, filed an appeal. Beijing Municipal higher people's Court that "Lions" Notwithstanding the meaning of stone lions, but this meaning is not strong in its place name meaning tobacco companies in Xiamen, "Lions and figure" was identified as a well-known trademark does not indicate the opposed trademark shall also be approved for registration. Therefore, the registration of the opposed trademark violations of the tenth article of the trademark law on the use of the names of administrative divisions above the county level shall not be used as trademarks provided. In conclusion, in accordance with the People's Republic of China administrative procedural law article 61st of (a) the provisions of paragraph, a judgment: dismissed the appeal and upheld the.
assessment
article tenth of trademark law stipulates that the names as the administrative divisions at or above the county level public awareness of foreign place names shall not be used as trademarks. But it has other names meaning except as or as part of the collective marks and certification marks; use names of already registered shall continue to be valid.
therefore, the names of administrative divisions above the county level shall not be used or registered as trademarks, unless the place name has a different meaning. Names with "other means" can be both the natural meaning of the words, and can also be obtained after the vocabulary through use of "the second meaning". However, regardless of the intrinsic meaning or "the second meaning" only strong in place name meaning, the vocabulary of geographical names can be registered as trademarks, therefore, the names of trademarks in the sense of "other meanings" should be stronger than the meaning of place names. Determine whether the name has "other meanings" should be judged on relevant public body.
place has other inherent meaning, refers to the outside of the meaning of place names in addition to names, also has a clear, relatively fixed, known to the relevant public meaning. Such as "Phoenix" for the place name, but the meaning of this vocabulary at the same time with the King of birds. "Other means" strong in place name meaning requires the public see the vocabulary first had the idea when other inherent meaning, meaning rather than names. If the public sees the word first came up with names, names meaning than "inherent meaning" such words as trademarks of geographical names register, cannot play the role of trade marks distinguish the goods of, prone to cheating. For example, "Shunde" Although has obedience virtue of meaning, but due to Shunde city is China economic development more fast of city, so, "Shunde" has became public general knows of names, related public see "Shunde" usually first thought of is its names meaning, and not "obedience virtue" of meaning, if will "Shunde" as trademark using, related public easy errors think commodity from Shunde area. In this case, the "Lions" does have the inherent meaning of stone lions, but the inherent meaning of stone lions are stronger than Lions place name meaning? In ancient China there are Lion stones placed in the customs of both sides of the door to ward off evil, but as a county-level city of Fujian province in China, Shishi, does have a certain reputation. In this case, Xiamen cigarette companies only provided Baidu encyclopedia on the stone lion of search results and one that "Lions and figure" for the administrative decision as evidence of the well-known trademark, is not sufficient to prove that the public sees "Lions" will first think "Lion stone" instead of Shishi. Therefore, the "Lion stone" meaning is not stronger than the meaning of place names.
vocabulary through use of geographical names with a particular product or service relations, see the names of the public vocabulary, to realise that the source of the place names used to identify particular goods or services, then the noun merged with stronger-than-name meaning "second meaning". Due to the geographical names source of vocabulary to achieve brand recognition functions, which can be registered as trademarks. In this case, if you omit the "Lions" inherent meaning, Xiamen tobacco company after long-term use, whether the public will "Lions" and the opposed trademark specifies the use of products with a specific link? Xiamen tobacco company in cigarette commodity Shang using of "Lions and the figure" trademark was finds for famous trademark, only can showed that "Lions and the figure" trademark for tobacco commodity of related public widely knows, will "Lions and the figure" and cigarette commodity established has specific contact, but tobacco commodity and tissue, commodity in function, and uses, and sales channel, and consumption object, aspects far, using in tobacco commodity Shang of "Lions and the figure" trademark was finds for famous trademark, cannot proved tissue, commodity of related public can will "Lions and the figure" And paper towels and other products with a specific contact, paper towels and other commodities seen "Lions" does not necessarily believe that the trademark that identifies is to indicate the source of goods.
in summary, the "Lions" belongs to the tenth paragraph of the trademark law cannot be used as a trademark, being opposed trademark registration shall not be approved.

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