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2010 to August 27

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發表於 2015-10-9 17:33:39 | 只看該作者 回帖獎勵 |正序瀏覽 |閱讀模式
2012 festival, in Zhejiang Province, Wu Jiang Jinhua across the south of the bridge, decorated with bunches of yellow chrysanthemums. Things have over the past five years, the people who still did not forget to mourn Mengxiang Bin heroic self-sacrifice. Among them are the elderly, children, entrepreneurs,http://store.shopping.yahoo.co.jp/red-one/mc-0070.html, there are migrant workers.
 
November 30, 2007, the Second Artillery missile brigade confidential staff Mengxiang Bin with his wife and daughter in the river walk, suddenly encountered a young woman fell into the water, he immediately jumped into the icy river to save people, young women saved, And he gave Mengxiang Bin age of 28 precious lives.
 
Mengxiang Bin story of self-sacrifice touched countless people. Subsequently, he was posthumously revolutionary martyr, named "moved China figure." May 2009, the CPC Central Committee General Secretary and State President and CMC Chairman Hu Jintao signed a decree posthumously Mengxiang Bin "self-sacrifice model officer," the honorary title.
 
However, is such a hero in his courageous sacrifice, Jinhua local name was registered as a citizen "Dream Xiang Bin" trademark for commercial operations resold for profit. Late last year, the State Trademark Review and Adjudication Board formally accepted the application for revocation Mengxiang Bin troops raised during his lifetime, the case also became the first because "Pong Hero", "Pong martyrs" and was drawn to the law revoked trademark case.
 
After the heroic sacrifice a month was registered on the name, trademark holders say "price can be interviewed."
 
is a brigade of the Political Department of the Second Artillery missile defense officers, but also to work together for many years before his death Mengxiang Bin comrades. September 2010, Chen Yunhai where the brigade of the Political Department of the resident received reports from the public: a local health care company will "Dream Xiang Bin" registered as a trademark,canada goose homme, posted everywhere in the street, looking for resale.
 
and the former director of the Political Department of Hua Guosheng brigade immediately rushed to the scene, saw the old building on a building wall, posted a "dream Xiang Bin" trademark Cooperation Promotion advertising, above the ad says "he is Resident brand name, Wing Chong heroism in the "middle" Dream Xiang Bin "on the most prominent, the following words" registered person: cancer pain livelihood rehabilitation hospital doctors ", but also with contact phone numbers and addresses.
 
Such "trademark Cooperation Promotion" advertising, in Jinhua City streets also posted a lot, Chen Yunhai this ad made photographic evidence. Resident media who heard a report on the matter. Local media reporters to buy the trademark on the grounds, has been with the registrant telephone conversation.
 
"If you want it, the price we can when the interview, and the transfer of all the formalities I can help you apply for." Fang, MD, he said by telephone.
 
"The trademark name and heroes 'Mengxiang Bin' is very similar, there is no legal? Influence in Jinhua might is not right?" A reporter asked.
 
Phone, Fang, MD said: "I and Mengxiang Bin is to recognize, and he had discussed it, so you can use the trademark name, the trademark is absolutely legitimate, that you can be assured."
 
I recently went to Jinhua City of Industry, in trademark advertising supervision department, the staff opened the State Trademark Bureau hosted the "China Trademark" query registration information "Dream Xiang Bin" trademark.
 
Registration information is displayed, the mark Product for clothing, including a full set of baby clothes, the driver clothing, waterproof clothing, shoes, hats, gloves,http://store.shopping.yahoo.co.jp/menscasual/n-tops-14-menscasual.html, scarves, belts, wedding. Registration of this Jinhua City Health Human Services Limited, valid for August 7, 2010 to August 6, 2020. The trademark application date of January 4, 2008, that is,air max 90 pas cher, Mengxiang Bin sacrifice was registered just a month will apply.
 
Jinhua City Industrial and Commercial Bureau staff said, Jinhua of this Health Services Limited business license had been revoked and Industry Bureau, the legal representative of the company is .
 
After telephone contact  author, in a community of private clinics to find him. When asked about the idea originally registered the trademark, he refuses to talk about, but repeatedly stressed that "do not give up ownership of the trademark."
 
In published reports in the local media, I saw his initial explanation. said: "The heroic deeds to save the expense Mengxiang Bin happened, I was deeply touched, and sometimes even the dream will dream of him, so he sudden inspiration, think his name was not able to apply for a trademark, so he carry forward the spirit. The 'Bangladesh' into a 'dream', first take a homonym, read fluently, the second is 'a dream' as a verb, meaning to miss, so that we will always remember him. "
 
After a series of procedures, in August 2010 officially registered trademark success. Then he posted everywhere "Dream Xiang Bin" trademark Cooperation Promotion advertising, seek rent or resale. In the local media reports, he said that the purpose of advertising is to find a partner or the transfer of trademarks, as for the price you want to negotiate with each other. He said: "The application for a trademark for a brand, but also a sensitivity to grab ahead of others."
 
By the hero's name to make money, this is the hero of blasphemy
 
In the ancient city of Jinhua, Mengxiang Bin heroic deeds to save a household name. Turning to the hero's name registered as a trademark and seeking resale, some people praise the party physician "quick mind, strong business sense," while others think it is disrespectful of the hero.
 
"Although the 'Dream Xiang Bin' and 'Mengxiang Bin' only one word, but behind the same word, in front of the word is a homonym, we saw the trademark, they naturally think of a hero Mengxiang Bin." Who lives in Jinhua Female accountant Liu Hu Chu Shui garden, "said Mengxiang Bin off I went to the General Assembly, in our hearts of the people, is a hero Mengxiang Bin symbol, Mengxiang Bin in people's hearts is holy. Now the hero name and business mix, this would damage the image of the hero. "
 
"The intent of the trademark too obvious,http://www.18wind.com/bbs/forum.php?mod=viewthread&tid=85281, would like to take the hero's name to make money. The hero's name registered as a trademark, but also openly sold on the streets of India to advertising, which is the hero of blasphemy." Zhejiang Normal University Professor of Law and Politics Mao woke policy said.
 
"For such behavior, I can not accept, Xiang Bin also did not know this side of the physician." Mengxiang Bin wife said, "even if Mengxiang Bin is not a heroic rescue, even if only an ordinary dead, he should also maintain the basic respect, and not take him as a cash cow, which makes heaven's how he rest in peace? "
 
Mengxiang Bin Xu Guoming political commissar forces before his death, he said: "Every year the festival, troops perform tasks, we will face Mengxiang Bin statue oath, Mengxiang Bin spirit always inspires the whole trip every soldier hero's image is not blasphemous, if. Hero name was deliberately brought the commercial hype, lifetime Mengxiang Bin comrades will not agree. "
 
"If it is the public good, by the governmental organizations to register and become a public brand Jinhua, I believe people will be involved in. If you are a private person a hero has nothing to do with, and commercial operation, which is the heroic image harm. "Liu Hu, who lives in the garden of the Civil Zhu Jianjun said.
 
That is not the name of Lei Feng and other celebrities should be registered as trademarks, commercial promotion
 
is a senior lawyer law firm of Zhejiang , also a member of the Legal Aid Center of Jinhua. Segregation of duties in accordance with the legal aid center, she is responsible for army duty work-related rights law, it has also become the "Dream Xiang Bin" trademark case attorney.
 
"This case has a misleading in the sense that from a procedural point of view, the trademark through a set of approval procedures, is theoretically feasible. For example, in the first instance trademark publication period, all newly registered trademarks will It was publicized three months, during which anyone if there is objection to the Trademark Office to reflect, like 'dream Xiang Bin' trademark, it should be no objection is raised,http://store.shopping.yahoo.co.jp/mamapan/11010016.html, and finally through the trial successfully registered. "Shiai Zhi lawyer said.
 
In this regard, the brigade chief of security in the busy summer face frustration, he said, due to the special nature of the task force limit, the military does not specifically landed Internet browsing trademark publicity cases, over many years,http://www.montal.com.br, not to mention outside forces perform military training mission, but also did I do not know trademark publicity thing.
 
"But Mengxiang Bin is a public figure, is a hero, homophonic take advantage of his name to carry out his business practices, which is a malicious act." Shiai Zhi lawyer said, "Although the mark has been allowed to register, but it should belong to improperly registered trademark, according to the relevant provisions of the Trademark Law, may apply for revocation. "
 
For registrants' trademark is to miss the Mengxiang Bin, "saying, Zhe Jiang Yongjia Zhuguo Yong, head of law firm lawyers said, the trademark is an economic product, there is a commercial value, not to miss, and his memory is also can not be based on violations of the legitimate rights and interests of others, not for themselves, this argument is untenable.
 
Zhejiang Normal University,http://oita-tirasi.com, Associate Professor of Law and Politics  said, "Trademark Law" stipulates that an application for trademark registration may not damage existing prior rights of others. The prior rights of natural persons, including their name right. Mengxiang Bin in Jinhua even in the country are a public figure, has a specific meaning,air max 90 pas cher, while a statement from trademark holders view, the intent is obvious cybersquatting, is a violation of the right to a name Mengxiang Bin, which is a legal revocation of the mark in accordance with.
 
Deputy director of Zhejiang hopes lawyer firm Lupin liter, is China University of Political Science PhD students, he is quite concerned about this trademark case, the Internet has bursts "Mengxiang Bin, Izumishita to know if you are willing to be the commercial use of it", " Mengxiang Bin, easy to do if you want rights "and other four series of comments. He said: "" Trademark Law "stipulates that violate public order and morals is a sign shall not be registered as a trademark registration behavior from his own perspective, with a kind of speculative, and for-profit advertising promotion, appropriation, damage. social morality, contrary to public order and morals, which are registered properly, you can apply for revocation. "
 
Revocation of the trademark, first offered by a registered person has withdrawn his application; the second is from the family or Mengxiang Bin Mengxiang Bin before his death forces apply for the cancellation. Let people take the initiative to revoke registration, both to avoid the lengthy adjudication procedures complicated, but in harmony to solve the problem completely. Shiai Zhi lawyers and brigade personnel security section, repeatedly found registrant  physician, in consultation revocation of trademarks to communicate with him, I hope he can maintain the reputation and image of the hero right Mengxiang Bin, respecting the feelings of the survivors of martyrs viewpoint initiative undo " Dream Xiang Bin "trademark.
 
However, several rounds of consultations have been rejected. November 20, 2010, during his lifetime Mengxiang Bin troops formally withdraw the application to the State Trademark Review and Adjudication Board.
 
In the material provided in  lawyer, I see reason to withdraw the application as follows: First, Mengxiang Bin was awarded the "model homes have to save the officer," the hero, affecting the general public, the applicant's trademark "Dream" and " Meng "are different words, but the word homonym, and" Xiang Bin "should be exactly the same, so that the majority of soldiers and civilians immediately think Mengxiang Bin, which is the use of the name Mengxiang Bin obtain improper benefits, desecrated the spirit Mengxiang Bin, detrimental to socialist morals fashion.
 
After the second, trademark registration is successful, the applicant will conduct business Recommend cooperation activities in Jinhua, it had a negative impact on society.
 
Third, the applicant was declared a registered trademark is to commemorate, to promote the spirit Mengxiang Bin, according to logical reasoning, it is not the name of Lei Feng and other celebrities should be registered as trademarks, should be commercial promotion, it should be for their own private data There are, obviously this argument is not valid.
 
To this end, according to the "Trademark Law" Article X VIII of "detrimental to socialist morals or customs, or having other unhealthy influences" logo mark shall not be prescribed, the respondent improper means, with the hero of social awareness, reap its benefits, not only detrimental to socialist morality, and serious adverse impact on social, ask TRAB fully consider the facts and the reasons given by the applicant, the revocation of a trademark dispute.
 
Last winter, the State Trademark Review and Adjudication Board sent a letter to Mengxiang Bin troops before his death, officially accepted the case of trademark cancellation. Subsequently, the State Trademark Review and Adjudication Board issued a notice to the respondent is the applicant,hogan outlet, and the defense cross-examination to be mailed to the applicant.
 
Fang, MD,louboutin soldes, has repeatedly stressed in the statement of defense, the applicant no substantive evidence of proof registrant profit, the trademark did not sell penny, socialist morality was not harmful.
 
After  and other lawyers involved Mengxiang Bin troops before his death certificate was submitted to the State quality TRAB. Testimony book that the respondent had not benefited from the defense of its trademark, the defense just like "a thief stole other people's property, said he has not the property will be honored, not a thief was caught when" the same token, the trademark becomes part of his private property, it is an indisputable fact.
 
According  lawyers, we have not yet received the letter State Trademark Review and Adjudication Board adjudicators pumping group team,http://www.hacosuke.com/hacobbs/hacobbs.cgi, this trademark cancellation case may also have a very long way to go.
 
Others directly registered trademark "Mengxiang Bin", the use of goods is toilet paper, staples,
 
Just when I interviewed a close,http://www.zgqmlt.com/home.php?mod=space&uid=218518, trademark case has a dramatic scene.
 
Zhejiang Guangyu, head of the firm's trademark , quite well known in the industry, he has been watching the progress of the hero Mengxiang Bin trademark case. During the interview, he told the author offers a stunning message: Qihe a man named Li Jihua, directly registered "Mengxiang Bin" trademark. And what Mengxiang Bin Qihe home.
 
On the information he provided, I see the mark commodity is registered for use toilet paper, writing paper, books covers, staples, using time since August 28, 2010 to August 27, 2020. That is, two people in the same month, registered a Mengxiang Bin's name.
 
"These two cases, whether it is a homonym cybersquatting, cybersquatting or identical, all the same squatting nature."  said that the two cases may be combined together to deal with, but imperative, first apply quickly withdrawn the second is the application of "Mengxiang Bin," the words to implement protection, with the "Mengxiang Bin" relevant name not approved for registration, the complete elimination of such problems.
 
"If this can be successfully registered Mengxiang Bin, the next time someone squatting Guo Mingyi, Xu Honggang, as long as you appear a hero, someone will have to aim the 'Money King' of the market, it must be taken seriously this serious problem. "Zhuguo Yong said.
 
"Pong Hero, near martyrs become a new trademark registration of the case, which is different from Pong entertainment stars, sports stars and so near, after all, they are all products of commercial operation, is engaged in commercial activities, and heroes, martyrs who embodies a species serve the people, the spirit of sacrifice for the people, nothing to do with the business is. "Staff Jinhua AIC advertising trademark of Management Services, he said," National Trademark Law will be revised by the joint efforts of all sectors of society, this new written into the legal aspects of the case, fill the gaps. "
 
Mao woke policy, said: "Heroes, heroes are standing monument in the hearts of people across the country, is our precious spiritual wealth, in the hearts of thousands of the masses to accept baptism, but someone malicious use of their names for profit."
 
"I hope Xu Honggang, Guo Mingyi, etc. will not suffer the fate of cybersquatting." Professor Mao Xingce said.
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