1. Legal.
According to Article 3 of the "Trademark Law" "A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law." Article 29 "Two or two If more than one trademark registration applicant applies for registration of the same or similar trademark on the same or similar goods, the trademark that was applied for first will be initially reviewed and announced; if the application is made on the same day, the trademark that was first used will be initially reviewed and announced. Trademark, reject other people’s applications and not publish them.” In my country, trademark applications are based on the registration principle and the first-to-file principle.
2. Legal.
Article 9, Paragraph 2 of the Patent Law “If two or more applicants apply for patents for the same invention and creation, the patent right shall be granted to the person who applies first.” Patent applications are also based on the first-to-file principle. .
3.
According to Article 69 of the Patent Law, any of the following circumstances will not be deemed to infringe the patent right: "...(2) The same product has been manufactured before the patent application date. Products, use the same method or have made necessary preparations for manufacture and use, and continue to manufacture and use them only within the original scope;"
①. Yijia Feed has traced back to April 1998 and has This photo is used as a decoration on the packaging bag. If it is continued to be used within the original scope after the design patent is authorized in April 1998, it does not constitute patent infringement, but a reasonable usage fee must be paid!
② If Yijia Feed uses the photo after the appearance patent is authorized, it constitutes patent infringement.
4. Litigation and mediation.
Attachment: All three companies have infringed Brother Wang’s copyright, and they all have to pay!