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China is restful " recapture " brand
From;  Author:Stand originally

Chinese brand registers net information (bring from Sichuan news net)


Yesterday, china announces formally external in safety, according to court of appeal of Hong Kong high court last week 5 (on January 11) right " restful " made 2 careful adjudicate brand case, this company wins the lawsuit, win a company to be in thereby harbor hold " restful " , " Ping   An " the legal use of two brand.

  Elephant PK small ant

What produce issue of trade mark right this in safety with China is only the Hong Kong this locality of many 3000 client is small-sized stockjobber -- , limited company of Hong Kong restful negotiable securities (blame China safe place belongs to a company, the following abbreviation " Hong Kong restful negotiable securities " ) .

"Hong Kong restful negotiable securities " held water 1970, original name is restful stock. 2003, restful stock easy name is " restful negotiable securities " , english name also by Cantonese phoneticize " Ping On " , turn be mandarin phoneticize " Ping An " , title of as restful as China English is same. On July 9, 2004, hong Kong restful negotiable securities registers place application to register two afore-mentioned trademark to brand of arrange of Hong Kong intellectual property. Already registered on August 30, 2003 in safety by China as a result of two brand prevenient, finished all enrollment normally on June 30 second year program, limited company of Hong Kong restful negotiable securities satisfies to lodge a complaint.

According to introducing, with inland and world place of dispute of trademark of processing of a lot of places uses " register prevenient " the principle is different, basis of Hong Kong place " use prevenient " adjudicate this kind of case, namely forensic requirement issue is bilateral the historical document that issues oneself to use this brand name, who does use the earliest to gain trade mark. Because restful negotiable securities already had 30 old histories in harbor, on August 30, 2006, basis of court of original suit of Hong Kong high court " use prevenient " principle, adjudicate China loses a lawsuit in safety, hong Kong restful negotiable securities is had " Ping An " reach " restful " the access of two brand. This court decision is meant, china will be participated in in Hong Kong henceforth in safety when with Hong Kong restful negotiable securities has the management activity with similar scope of operations, will not get use " restful " , " Ping An " brand, create restful to Hong Kong negotiable securities tort otherwise.

After first instance adjudicates, china mentioned to appeal instantly in safety.

2 careful are obtained greatly get the better of completely

In 2 careful, cite of judgment of court of appeal of Hong Kong high court " byelaw of Hong Kong brand " think, "Hong Kong restful negotiable securities " it is stockjobber of Hong Kong of a diminutive, its business praise only bureau be confined to 3000 Yu Ming's clients of this firm. China adds up to finance to serve business to be in as large put together in safety harbor with " restful " , " Ping An " brand is engaged in running an activity, do not meet the business of restful to Hong Kong negotiable securities praise reach business to cause damage, or cause misdirect to reach to consumer promiscuous. Accordingly, a:appellant court admitted China's restful appeal, adjudicative China is in in safety harbor " restful " , " Ping   An " it is lawful and effective that the brand of two brand is registered, reverse first trial court the court decision August 30, 2006.
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