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Analysis of Legal Issues on iPad Trademark Ownership Dispute

Author: ShuaiHaiShui
Tutor: LiGuangMan
School: Nanchang University
Course: Legal
Keywords: Apparent unauthorized disposition trademark preliminan trademark does not use revoked reverse confusion
CLC: D923.43
Type: Master's thesis
Year: 2013
Downloads: 14
Quote: 0
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iPad trademark ownership dispute through the first and second instance, the final closed in mediation by the court. Case Shenzhen Proview iPad trademark is a person not entitled to transfer the Taiwan Proview Shenzhen Proview iPad trademark registered in mainland China, and its correlation with IP company trademark transfer agreement signed in Shenzhen Proview not binding, Taiwan Proview behavior constitutes unauthorized disposition rather than apparent agency. Accordingly, Shenzhen Proview trademark may apply to the court preliminary injunction. Reflections from the case of the current "Trademark Law", you can see there is at least two aspects:First, do not use the registered trademark revocation system flawed. Specific performance is a registered trademark of defining "use" standard is not clear,"shall be imposed" as a trademark is not the legal consequences of improper use of the trademark from being revoked without justification requirement is unreasonable. Second, the reverse confuse lack of specialized legal regulation. That the existing "Trademark Law" provides only confusion, without a clear direction of confusion will make special provisions listed separately, this is the law lagging performance. For these two issues,"Trademark Law" you can try the third revisionTargeted modifications:First, do not use the trademark revoked Perfection can be considered explicitly registered trademark "use" is defined as the standard, the trademark is not used to remove the legal consequences,"ordered to make corrections, but do not use the free of reasonable Trademarks revocation of legitimate reasons. Secondly, specialized legislation reverse confusion, legislation clearly stipulates reverse confusion constitute trademark infringement, proceedings for infringement of obligations established principle of attribution of liability without fault, the process to construct a reasonable infringement disputes reverse confusion dispute resolution mechanism.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Trademark law
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