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    Boss & Yong Agent Case of A Lawsuit Against Infringement on Patent Rights for ....

    AddTime:2019-03-18 14:31:58   Views:     【 Big Mid Small 】   Print   Close

    Case introduction: 
    In May 2013, our company submitted a document that was withdrawn for three years without the use of evidence, the company No. 772129 "LEGEND" trademark on September 30, 1993 in the "insurance information, insurance consulting, financial services, financial information , Real estate agents, real estate valuation, securities and public debt brokerage, agency business, trust "and other services on the application for registration, October 12, 2011 by the third person for three consecutive years without the use of grounds to withdraw. 
    I accept the company commissioned by the company immediately began to check the daily use of its trademark and evidence of the preservation of the situation and found that it has actually been part of the service on the commercial use, but the use of evidence to retain the non-normative, many Evidence data can not directly prove the actual use of the removed trademark. 
    After repeated evidence, I Division to the Trademark Office to provide the company in the "investment" services on the use of evidence, including trademark licensing agreement, the relevant investment payment certificate notarization, promotional agreement, the original notarized reimbursement and invoices, etc. , And to the Trademark Office in detail the withdrawal of the trademark has long been the use of the situation. 
    After review, the Trademark Office ruled in June 2013 to maintain the registration of the removed trademark. 
    Brief analysis: 
    The key to this case is how to thoroughly understand the use of service marks and effectively collect relevant evidence. In this regard, the author combined with the actual experience of handling the case, the use of evidence to provide services to provide a summary of the common problems in the process, try to analyze the use of evidence to use the evidence more effective. 
    1、The time of proof of the use of evidence in service marks 
    The use of evidence in the Trademark Office issued by the Trademark Office clearly requires that the time of use of the evidence provided should be the first three years of the revocation of the application for the revocation, which means that the trademark owner can only provide the specific Use evidence, otherwise, for invalid evidence. Of course, if only three years to provide a valid use of evidence during the year, but also as a normal use of the trademark. 
    2、The core of the service mark is the use of evidence to reflect "provide services for others" 
    In practice, the use of goods trademark evidence is easier to provide, because the objective existence of goods, as long as the provision of the corresponding distribution contracts, publicity contracts and invoices can prove its use. But the service mark is different, the service it provides is invisible, how to understand its real use is particularly important. Such as the 35th category of "advertising" services, enterprises for their products advertising can not be regarded as the use of the trademark; 36 "investment" services, enterprises set up investment companies, for their own business investment business , Can not be regarded as the real use of the trademark. Service trademark use of evidence should effectively reflect the "for others" to provide services, that is, for enterprises outside the third person to provide services, only to grasp this point in order to carry out effective evidence collection. As mentioned in the previous case, "LEGEND" is to provide for others to provide "investment" service agreement, in the "investment" services on the publicity evidence, rather than for their own investment information. 
    3、There is no need for the subject qualification and the specific use of the service mark 
    As the current business was diversified development trend, some business operations have broken through the traditional cognitive model, most companies do not have the surface to provide services directly to the qualifications, but in the actual business process has been really involved To the service. Such as whether the car 4S shop can provide real and effective use of the 36th category of "financial affairs, land vehicle credit (installment)" and other services. According to the general public's awareness, similar to the "financial services", "sub-bribe payments" are provided by the bank's services, that 4S shop how to provide its registered "financial affairs, land vehicles on credit (installment)" service It is necessary to provide a 4S shop not only to provide a loan agreement with the bank, but also to provide the loan for the customer's vehicle sales service, to prove that the link has been replaced by the bank in the "financial affairs, land vehicle sales" service The Similar to such a coherent evidence is a concrete manifestation of the service, not only through the subject qualification to determine the effectiveness of evidence.  
    4、Service trademark use evidence should be complete 
    Whether it is a commodity mark or a service mark, the evidence of the use of the application should be complete, can form an effective evidence chain, and isolated, individual evidence is often not officially recognized. For example, when providing evidence of "legend" in the "club", the applicant must provide a "legend" in the "club" service on the use of the model, such as "legend" subsidiary of the company set up a "CEO CLUB" CLUB "in some activities to reflect the" legend "logo; it needs to provide the relevant trademark licensing agreement, while providing" CEO CLUB "all the activities of the time notice, photos, commissioned by others advertising, conference place rental Agreement, meeting place provided by the invoice. In this way, the use of evidence to fully reflect its services, the trademark registration can be maintained. 

    Conclusion / Implications: 
    It is precisely because the service trademark use of the evidence is unique, so it requires enterprises to truly understand the connotation of the use of service marks on the basis of the establishment of standardized trademark management, the use of the system to form an effective management mechanism, not only conducive to the development of their own trademark strategy , But also can effectively deal with the revocation of the proceedings by others. In this, need to remind companies to note the following:  
    1、The use of the service mark is to "provide services for others", the use of evidence must also reflect the "for others" service, do not fall into other errors; 
    2、The use of the service mark is to "provide services for others", the use of evidence must also reflect the "for others" service, do not fall into other errors; 
    3、In the proof, can not provide solitary evidence, the relevant use of evidence to be able to form a complete chain of evidence。

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