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After 10 years " long dragon " flower of trade mark right falls whose home is br
From;  Author:Stand originally

Chinese brand registers net information
After 10 years " long dragon " flower of trade mark right falls whose home is brought contend for bring a case to court

Change 10 years ago make neglect trade mark right is attributive of brand obligee make over, between the legal person that if be two are put at the same time,is in, should have commonly transfer the document such as the agreement; If be the company changes,make, be regarded as belongings whole move commonly, should pass only industrial and commercial register, brand jib change is registered with respect to follow a rational line to do some work well. For reliable for the purpose of, the both sides in proposal case is pressed make over a form to go, in that way right complete a business transaction is more clear.

Legal net reporter Li Yu

Company of rubber of Central Plains of Henan Wei county is place of a thing to perplex at present -- the product place to this company uses somebody " long dragon " the droit of brand label raises doubt.

Company of Central Plains rubber is Henan province unseals the main business of city Wei county, of this company " long dragon " card V-belt whole nation is famous.

Factory of Youwei county rubber is made via changing twice and this company is become. Make by collaboration of share of instead of state-owned but locally-administered for the first time, the 2nd instead limited company.

Change consciousness of brand of the people when making original thin, brand did not enter the line of vision of people at all. Change ground of of course of the people after making to think brand reforms synchronous follow-up along with company system, belong to new company naturally. However after 10 years today, mention suddenly change make return bequeath problem of a brand.

The worry comes from lawsuit one case

From a brand last year use contract dispute begins the worry.

Of Central Plains county long dragon is rubber-plastic because the company is paid of company of rubber of use Central Plains long dragon brand and signed a year to use a contract with its. After expiring because 9 dragon are rubber-plastic,the company does not pay use fee and form lawsuit. Cognizance later period, long dragon is rubber-plastic and abrupt put forward, "Long dragon " brand belongs to Wei rubber factory the earliest, the company changes later make, but brand not as jib, consequently, company of Central Plains rubber is not " long dragon " the obligee of brand, "Have no right to sue " , also " have no right to permit, check others is used " " long dragon " brand.

Court of first instance supported latter view. The ruling rejects the prosecution of company of Central Plains rubber.

Unseal city quadrangle says in the ruling, central Plains balata " fail to offer its to already sufferred lawfully let ' long dragon ' the relevant evidence of brand " , cannot prove oneself " have direct interests with this case " . Be being changed is for common saying, central Plains balata is indemonstrable turn in the enterprise ownership of trademark was accepted when making, not be trademark holder.
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