the hangtags applied to brand clotheses

Release time:2013-02-28      Source:admin      Reads:

the hantags from our company will be applied to various brand clotheses.Take the French luxury brand Hermes for example. According to media reports, a court in Beijing has ruled that it does not own the registered trademark in Chinese, which was obtained by hantags company. The French brand may face an awkward situation when it tries to expand in China in the future. Actually, it was in 2009 that Hermes first requested the trademark appeal board of the State Administration for Industry and Commerce in China repeal the Chinese-language trademark.

According to Article 13 of the Trademark Law of the People's Republic of China, only if the registeredhangtagsare proven to copy, imitate, or translate a "well-known trademark" that is not yet registered in China, and similar or the same goods are produced under the two trademarks, will the original registered trademark be prohibited from use or repealed. Therefore, the main argument Hermes used in its appeal was that it is a well-known brand in China.

However, this is hard to prove, and moreover, in Article 14, there are four elements that constitute a well-knownhantags in China: popularity, length of time the trademark has been in use, the length of time the trademark has been used in advertising, and whether the records show the trademark has been protected before.

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