1. Panda Company is an Internet company founded in 1998? Uh, panda? A series of works of art are used as trademarks of this website, but they are not registered. June 5438+February 2008, Youwei applied to China National Intellectual Property Administration for the company? Speaker (mini panda)? Design patent, and authorized. 20 1 1 In March, Panda Company discovered that there were MM mini speakers for sale. The following statement is correct:
A. Youwei Company is the patentee of design, and its manufacturing and sales of MM mini speakers are not infringing.
B. For the company, Panda Company can be prohibited from continuing to use the unregistered trademark based on its authorized design patent right.
C Panda Company filed an invalid lawsuit against the company's design patent with the court.
D Panda Company may request the State Patent Reexamination Board to declare the design of Youwei Company invalid.
Reference answer
1, the design patent of the test center shall not infringe the prior rights; Invalid patent
difficulty
Answer d
Analysis: Article 23, paragraphs 1 to 3 of the Patent Law stipulates? The design granted the patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. Compared with the existing design or the combination of existing design features, the patented design should have obvious differences. A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application? . In order to apply for the company's design in June 5438+February 2008, Panda Company has enjoyed the copyright of the panda image in June 5438 +0998. Therefore, the design patent should not be granted, because the company's behavior violated the copyright of Panda Company. Panda Company has no registered trademark, is not a well-known trademark, and does not enjoy the trademark right. To sum up, the company that infringes the copyright of Panda Company has no right to prohibit Panda Company from using the trademark. Two mistakes, A and B, were not elected.
Article 45 of the patent law stipulates? Since the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law? . Accordingly, the invalidation of a patent shall be submitted to the Patent Reexamination Board. Error in item C, not selected. Item d is correct and elected.