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Deep-fried twisted dough sticks is suspected of Kendeji tort may be investigated
From;    Author:Stand originally
On January 21, new civilian net reported Kendeji is rolled out newly recently " set one's mind at deep-fried twisted dough sticks " outstanding in conduct propaganda used " set one's mind at " 2 words, be thought to be suspected of tort Wuhan setting one's mind at by brand expert the registered trade mark of food industry limited company.

21 days of evening, kendeji gives new civilian net sends mail, say " Kendeji is in roll out ' set one's mind at ' careful investigation is passed before deep-fried twisted dough sticks, inquiry is informed ' set one's mind at ' the enrollment of brand period of efficacy already expired on August 13, 2007, it is an effective registered trade mark no longer. It is an effective registered trade mark no longer..

Kendeji expresses, "Check is informed, "Set one's mind at " brand former obligee ' Wuhan sets his mind at food industry limited company ' be in early was done business by revoke of local industrial and commercial bureau in May 2002 charter. Kendeji had referred new brand to register application to national brand bureau, use at present ' set one's mind at ' brand does not have tort. Use at present ' set one's mind at ' brand does not have tort..

And the view that 100 life happiness of Beijing amount to Wang Hao of general manager of limited company of representative of times intellectual property not to agree with Kendeji, xiang Xinmin net expresses Wang Hao, business charter revoke is administrative punishment only, still be had by the company of revoke right to institute proceedings, had not cancelled on behalf of the company without liquidation, and when add is exhibited, brand bureau won't be examined normally whether be cancelled or revoke.

Trademark law has a regulation at the same time, if brand obligee is stopped or die, a year in if brand is not made over, other can apply for to cancel this brand. If Wuhan sets his mind at,food industry limited company has been cancelled full a year, kendeji or other company can apply for to cancel " set one's mind at " brand, undertake registered afresh.

Another kind of circumstance is, if Wuhan sets his mind at,food industry limited company is exhibited without application add, likely early of a lot of enterprises has queued up to apply for, but this brand did not expire to had been not passed examine, trademark law is protected " application is prevenient " . Accordingly, although at present Kendeji had referred new brand to register application to national brand bureau, but do not mean Kendeji to be able to be obtained batch.

Wang Hao expresses, although " set one's mind at " brand had passed trade mark the deadline of special right, but according to trademark law thirtieth 8 regulation, period of efficacy of registered trade mark is full, need continues to use, ought to exhibit in add of the application inside before expiring 6 months register, fail to offer application during this, can give the wide exhibition period of 6 months. Accordingly, wuhan sets his mind at although the brand of food industry limited company expired, but still can put forward add to exhibit application before Feburary 13, 2008.
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