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The Analysis of Carbernet Trademark Case

Author: WangShuJuan
Tutor: LiuGuangHua
School: Lanzhou University
Course: Civil and Commercial Law
Keywords: Cabernet Trademark dispute Generic name Administrative review
CLC: D923.43
Type: Master's thesis
Year: 2011
Downloads: 51
Quote: 1
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Abstract

With the establishment of China 's market economy system , the progressive development and further improve the enterprise as market players are facing increasingly fierce market competition . Intellectual property as one of the core competitiveness of enterprises , plays an increasingly important role in modern enterprise grow . However , from the overall situation of China 's intellectual property system is still not perfect , public awareness of intellectual property rights is relatively weak market, the main use of intellectual property rights is not strong , the role of intellectual property in promoting economic and social development has not been brought into full play . This article the Cabernet trademark dispute , for example from the judges ruled , and the first and second instance the referee to start , combined with trademark law theory to analyze the case involved several major issues , the focus from the theoretical description of the generic name identification and mutual conversion between the trademark from the practice how effective protection of their legitimate rights and interests in the market competition . This article is divided into three parts : the first part , the facts of the case and the referee . Introduced solution of the the the Cabernet trademark dispute , including the Trademark Review and Adjudication Board's determination , the judgment of the Court of First Instance and the judgment of the Court of Final Appeal . Triggered controversy in the case , I support and oppose the \At the same time , I also proposed TRAB ruled views . Analysis of the second part , the author of the case . Proceed to analyze the case from the prohibitive provisions of the Trademark Law constitute the essential elements of a registered trade mark and prohibitions exception . Analysis the special circumstances of the case - to name a special convention of the wine industry, the grape name , as well as the common name can be registered and their judgment and registered trademarks of the common name of the commodity significantly or loss since his discriminating judgment , trademark registration rights during the administrative review and litigation in trademark disputes ability to claim the protection of the problem . The third part of the case Ponder . Problems identified by the generic name involved in the case to investigate the recognized standards , as well as the case lasted fact Kuang long to explore how to improve at fault for administrative review of the efficiency of the link and in this case in the protection of intellectual property rights and solutions .

The Analysis of Carbernet Trademark Case

Abstract

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