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Supreme Law issued in 2016 the top ten 10 major intellectual property cases of Jordan "series of trademark administrative case

2017-4-26 23:04| Announcer: admin

MichaelJeffreyJordan and the State Administration for Industry and Commerce Trademark Review and Adjudication Board, Jordan Sports Co., Ltd. trademark dispute administrative dispute review series[Supreme People's Court (2016) Supreme People's Court 15,20,25,26,27,28,29,30,31,32 administrative verdict]

 

Case Summary:Retired applicants Michael Jeffrey Jordan is the United States NBA famous basketball star, which in 2012 to the Trademark Review and Adjudication Board to apply for the withdrawal of Jordan Sports Co., Ltd. (hereinafter referred to as Jordan) in a number of commodity categories registered " Jordan "" QIAODAN "and many other trademarks. The Trademark Review and Adjudication Board ruled in 2014 to reject its application. The applicant sues the administrative suit. In 2015, the retrial applicant refused to apply for the second instance verdict of 68 cases of administrative dispute disputes in Beijing Higher People's Court, and applied to the Supreme People's Court for retrial. In December 2015, the Supreme People's Court ruled on the trial of ten cases. At the same time, the Supreme People's Court ruled that the retrial applicant had rejected the retrial application in another 50 cases and ruled that the review of the eight cases had been suspended. The Supreme People's Court after the trial, according to the law by the Vice President, Professor Tao Kaiyuan served as the presiding judge of the five-member collegiate bench to hear ten cases. By the Supreme People 's Court of the Judicial Committee to discuss the decision, the decision that: (a) on the "Jordan" trademark (2016) Supreme Law re - 15, 26, 27 of the three cases. The registration of the disputed trademark damages the right of first instance of the retrial applicant to "Jordan" and does not comply with Article 31 of the Trademark Law as amended in 2001. "Application for trademark registration shall not prejudice the existing rights of others "Shall be revoked, so the verdict of the revocation of the Trademark Review and Adjudication Board to make the decision and the first and second instance verdict, ordered the Trademark Review and Adjudication Board for the referendum to make a referee. (B) of the four cases involving the "QIAODAN" (2016) Supreme Law Enforcement No. 20, No. 29, No. 30, No. 31,As well as involving three kinds of cases (No. 1616) of the Supreme People's Bank of China (2016) on the 25th, No. 28, No. 32, together with a total of seven cases, due to the re-trial of the applicant "Pinyin" "Qiaodan" "qiaodan" The registration of a trademark of a dispute does not prejudice the earlier name of the applicant. The disputed trademark does not belong to the "harmful to the socialist morality or other adverse effects" as stipulated in Article 10 (1) (8) of the Trademark Law, as well as the provisions of Paragraph 1 of Article 41, Other improper means to obtain registration "situation, so the decision to maintain the second instance verdict, dismissed the retrial applicant's retrial application.

 

Typical meaning:The Supreme People's Court in accordance with the law to open trial, pronounced "Jordan" trademark dispute dispute administrative series of cases, equal protection of the legitimate rights and interests of Chinese and foreign rights holders, and further establish China's intellectual property rights to strengthen the judicial responsibility of the image. In the judgment, the Supreme People's Court emphasized the importance of the principle of good faith for regulating the trademark registrationIt is of great significance to purify the trademark registration and use environment, protect the legitimate rights and interests of consumers, carry forward and practice the socialist core values. The Supreme People's Court in the judgment stated in the trademark law on the protection of the name of the previous application of the legal standards for such cases will have a significant impact on the referee criteria.

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