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Tag Archives: Judicial Explanation on Trademark Law

Could Prior Used Right Be Counterargument Against Latter Registered Trademark?

Posted on October 17, 2016 by yytbest

(By Luo Yanjie) Recently, the Supreme People’s Court interpreted a definite attitude through a complicated case lasting for years that prior-used logo shall not be used as counterargument against latter registered trademark except under certain circumstances. The followings are our detailed introduction:

Introduction to the Case:

1st Retrial Petitioner (Plaintiff at first instance, Appellant at second instance): LIANG Huo  (the “Liang”);

2nd Retrial Petitioner (Plaintiff at first instance, Appellant at second instance): LU Yijian (the “Lu”)

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Posted in Litigation, Protection, Registration, Settlement, Trademark | Tagged Amendment of the Trademark Law, CDX Company Infringement Case, Judicial Explanation on Trademark Law, Newly Amended Trademark Law, Plea about Trademark Infringement, Priority Right on Trademark, Supreme People’s Court (SPC), The Prior-using of Caidiexuan Logo, trademark attorney, Trademark Classification, trademark infringement, trademark law, trademark litigation, trademark protection, trademark registration, Trademark Related Cases Analysis, Trademark Related Issues Representation, trademark similarity | Leave a reply
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