Zhengzhou Industry And Commerce Bureau Implements Four Systems To Strengthen Supervision Of Trademark Printing Enterprises

< p > recently, < a href= "//www.sjfzxm.com/news/index_c.asp" > Zhengzhou < /a > Industrial and Commercial Bureau actively relying on the grid, through the implementation of the four systems to strengthen the management of trademark printing enterprises, from the source to curb registration a href= "//www.sjfzxm.com/news/ index_c.asp" > trademark < /a > tort, to protect the legitimate rights and interests of consumers.

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< p > one is the implementation of the "three brighter" public notice system that brightens the bright a href= "//www.sjfzxm.com/news/index_c.asp" > system < /a >.

On the basis of consolidating the trademark printing enterprises to implement the standardized system of license management, the trademark printing management system and the enterprise law abiding undertaking shall be hung and publicized in the prominent locations of the printing enterprises' offices, and they shall be subject to the supervision of law enforcement organs and the public.

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< p > two is the implementation of grid linked subcontracting system.

Relying on the grid management platform, we establish a grid based sub contracting mechanism, assign staff to the trademark printing enterprises in the area, regularly enter the trademark printing enterprises, publicize laws and regulations, guide and regulate the development of trademark printing business in accordance with the law, and check whether the enterprise liaison officers perform their duties properly and whether the internal management practices are standardized.

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< p > three is a management system for keeping account of the business traces.

To guide the trademark printing enterprises in accordance with the requirements, timely, comprehensively and realistically carry out the registration records, such as the registration, registration and destruction of the trademarks, and the destruction of the damaged products, etc., and collect and collate the data of the trademark registration certificate, business license, trademark printing business format contract, etc., and establish archives in accordance with the principle of "one household, one file", leaving a business track record.

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< p > four is the implementation of special inspection system.

A special inspection system for random checks and cross checks shall be established. The implementation of the "five checks" must be checked in printing templates, printing shop, product warehouses must be checked, financial records must be checked, business records must be checked, ensuring that the printing process is monitored throughout the process, and illegal printing is strictly controlled.

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< p > likelihood of confusion is the core requirement of trademark protection (which constitutes infringement of exclusive right to registered trademarks). However, in trademark protection, the same trademark ("double identical") in the same commodity has appeared to no longer require the possibility of confusion, which is an important trend and area to enhance trademark protection.

This situation is known as the absolute protection of trademark rights, and is also an important manifestation of strengthening the protection of trademark rights.

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< p > in terms of confusing essentials, article sixteenth (1) of the TRIPS agreement provides for the confusion of the presumption of "double identical", which has made the protection of trademark rights under "double identical" have the absolute absoluteness and certainty. However, presumptive confusion is still based on confusion, and there is no stereotype of leaving confusion elements.

Some trademark legislation goes further, and directly acknowledges the absolute protection of trademark rights under "double identical".

That's the way the European Union is.

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According to the spirit of the EU trademark directive, the European Court of justice acknowledged that the trademark protection under the "double identical" rule was absolutely protected in the case, so that "in the field of identification and commodity, there is a trend of absolute protection which no longer depends on the possibility of confusion". P

In the case of L 'Oreall Bellure, the EU court held that absolute protection means that confusion is no longer a "special condition for protection" under the same condition of identification and commodity.

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< p > this is considered to be beyond the presumption of confusion in item sixteenth (1) of the TRIPS agreement.

The European Court of justice, while abandoning obfuscation requirements, substituted for third people to use trademarks or to influence the functions of trademarks.

This function is understood as: "not only does it include the basic function of a trademark, that is, the protection function of the source of goods or services, but also other functions, especially the quality of the goods or services involved, the pmission of information, investment, or advertising."

These functions cover a wide range of investments from the protection of source identification to brand image.

"In many cases, the mere indication of identity is the same as that of goods.

As a result, the EU trademark rights in the "double identical" field are very close to the exclusive rights granted by the copyright law and the patent law, that is, only using the protected objects can constitute infringement.

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