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Cao X v. Yunnan Xiaguan Tuocha Tea (Group) Co., Ltd. (Dispute over Infringement of Trademark Rights)—The Relationship Between the Registered Trademark Protection and the Popularity of Trademarks for the Disputed Infringing Commodities

  • Yanfang WangEmail author
Chapter
Part of the Library of Selected Cases from the Chinese Court book series (LSCCPC)

Abstract

The trademark owner has not only the right to use his/her registered trademark on his/her commodities or services, to establish a connection between the trademark logo and the source of his/her commodities or services in the public, but also has the right to prohibit others from using the registered trademark for the identical or similar commodities. The puzzle and confusion of the public includes mistaking the commodity with the disputed infringing mark as the commodity of the trademark owner or having some connection with the trademark owner, and confusing the commodity of the trademark owner as the commodity of the sued infringer or mistaking the trademark owner as having some connection with the sued infringer. The opinion that the higher popularity of the disputed infringer’s registered trademark enables the infringer to use his/her registered trademark arbitrarily will prevent the registered trademark from playing its basic function of identifying the source of commodities and cause substantial damage to the exclusive right in using the registered trademark.

Copyright information

© Law Press China 2020

Authors and Affiliations

  1. 1.The Supreme People’s Court of the People’s Republic of ChinaBeijingChina

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