Our trademark has been infringed by our competitor. What can we do?-()

— Our trademark has been infringed by our competitor. What can we do？

— ______________ .

A You can ask someone else.

B I don't know.

C You can file an action in the district court.

a process and generally has to fulfil three main requirements: it has to be new, not obvious and there needs to be an (5).

A、trademark

B、industrial applicability

C、exclude

D、distinguishes

to the trademark holder？

A．Because the trademark holder usually goes to the Internet and outroar from everyone was just incredible.

B．Because the name holder doesn't have the funds needed to fight against trademark holder.

C．Because licensed real estate brokers usually speak up for the trademark holder.

new Mercedes—Benz sedans. "They have tears in their eyes and keep saying how lucky they are," says Rossner, the Mercedes employee responsible for post-delivery celebrations. Rossner has also seen the French pop corks on bottles of champagne as their national flag was hoisted above a purchase and she has seen American business executives, Japanese tourists and Russian politicians travel thousands of miles to a Mercedes plant in southwestern Germany when a classic sedan with the trademark three-pointed star was about to roll off the assembly line and into their lives. Those were the good old days at Mercedes, an era that began during the economic miracle of the 1960s and ended in 1991. Times have changed. "Ten years ago, we had clear leadership in the market," says Mercedes spokesman Horst Krambeer, "But over this period, the market has changed drastically. We are now in a pitched battle. The Japanese are partly responsible, but Mercedes has had to learn the hard way that even German firms like BMW and Audi have made efforts to rise to our standards of technical proficiency."

Mercedes experienced one of its worst years ever in 1992. The auto maker's worldwide car sales fell by 5 percent from the previous year, to a low of 527,500. Before the decline, in 1988, the company could sell close to 600,000 cars per year. In Germany alone, there were 30,000 fewer new Mercedes registrations last year than in 1991. As a result, production has plunged by almost 50,000 cars to 529, 400 last year, a level well beneath the company's potential capacity of 650,000. Mercedes's competitors have been catching up in the U.S., the world's largest car market. In 1986, Mercedes sold 100,000 vehicles in America; by 1991, the number had declined to 39,000. Over the last two years, the struggling company has lost a slice of its U.S. market share to BMW, Toyota and Nissan. And BMW outsold Mercedes in America last year for the first time in its history. Meanwhile, just as Mercedes began making some headway in Japan, a notoriously difficult market, the Japanese economy fell on hard times and the company saw its sales decline by 13 percent in that country.

Revenues(收益) will hardly improve this year, and the time has come for getting down to business. At Mercedes, that means cutting payrolls, streamlining production and opening up to consumer needs. Revolutionary steps for a company that once considered itself beyond improvement.

The author's intention in citing various nationalities' interests in Mercedes is to illustrate Mercedes' ______.

A．sale strategies

B．market monopoly

C．superior quality

D．past record

Brand refers to names, logos and slogans. For example, Nike is known for its slogan “Just do it” and swoosh logo. A trademark shows the origin and ownership of a product or service, which is used to protect names, logos, drawings, symbols and other characters related with a business. Coke？ and Coca-cola？ are registered trademarks of the Coca-Cola Company.

Many companies spend a lot of money and time registering their trademarks. There are at least two good reasons for this. Firstly, if you trademark a brand, you are the only person allowed to use that Brand name slogan etc. If others want to use that brand, they must ask your permission or pay some money. Secondly, registration also allows the owner to bring legal action against anyone who uses the trademark without authorization.

There are basic trademark symbols, e.g.“TM”for goods and“SM”for service.They tell the public that the product's name and design are the exclusive property of the company, but a registered trademark？ provides notice that it has indeed been registered.

()26. According to the writer, it is not necessary for a company to register a trademark.

()27. A trademark may be regarded as a protection for a brand name.

()28. The trademark symbols TM and ？ can be exchanged in a brand.

()29. Legal protection on a brand comes into force only after registration.

()30. A company can freely use other companies' brands.

Trademark

What is a trademark？

Trademark is any visible sign or device used by a business enterprise to identify its goods and distinguish them from those made or carried by others. Trademarks may be words or groups of words, letters, numerals, devices, names, the shape or other presentation of products or their packages, color combinations with signs, combinations of colors, and combinations of any of the above signs.

What are the functions of the trademark？

By indicating the origin of goods and services, trademarks serve two important purposes. They provide manufacturers and traders with protection from unfair competition (one person representing or passing for sale his goods as the goods of another), and they provide customers with protection from imitations (assuring them of a certain expected quality). In terms of the protection of the rights of trademark holders, the law in most countries extends beyond the rule of unfair competition, for a trademark is considered the property of the holder; and, as such, unauthorized use of the trademark constitutes not only misrepresentation and fraud but also a violation of the holder's private property fights.

How to register a trademark？

In most countries, registration is a prerequisite (先决条件) for ownership and protection of the mark. In the United States, however, the trademark right is granted by the mere use of the mark; registering the mark provides the owner only with certain procedural advantages and is not a prerequisite for legal protection.

It is not necessary for the mark to be in use before a registration application is filed, although most countries require applicants to have a sincere intent to use the mark after registration. Formerly, the United States was one of the few countries requiring actual use prior to registration. Under the Trademark Law Revision Act of 1988, the United States permits registration upon application showing an intent to use the trademark in the near future.

In many countries, ownership of a trademark is not acknowledged until the mark has been registered and gone uncontested (无异议的) for a given period of time, so as to afford protection to a prior user of the mark. Even after that period has passed, the prior user may move to have the registration canceled. After a certain number of years (from three to seven, depending on the country), the registration and ownership become uncontested.

For a mark to be registered, it must be distinctive. In many cases a mark, when first brought into use, may not have been distinctive, but over time the public may have attached a secondary meaning to it, forming a specific association between the mark and the product, thus making the mark distinctive, hence registrable.

How to treat the infringement？

When a question of infringement (unauthorized use) of a trademark arises, the primary legal question addressed in court is whether the accused infringer's use of the mark is likely to confuse the purchasing public. In most countries, including the United States, protection against infringement extends to goods or services similar to those covered by the registration. In countries following British law (same 66 nations), an infringement action can, however, be brought only for the precise goods identified in the registration.

How to deal with the transfer of a trademark？

For a long time the rights of a trademark could not be transferred separately from the business to which it was attached. Now, however, because trademarks are viewed as property, they may be sold, inherited, or rented, as long as such a transfer of rights does not deceive the public. In most countries a public notice of such a transfer must be given. A common form. of transfer is international licensing, whereby a trademark holder allows the use of his mark

A．Y

B．N

C．NG

What was the main reason that Beckham became the top story maker？

A．Beckham always attracts the public attention by his fashionable hair style. and constant appearance in the media.

B．Beckham's transfer fee breaks a new record in the football world.

C．Beckham's trademark free kick and passes are still best-performed for his new club.

D．Beckham controversially leaves the club he has been grown up with and joins one of the other most prestigious clubs in Europe.

. J. Heinz Company, one of the leading food companies of the United States.

Heinz has been making a wide range of food products for over 100 years and manufactures baby foods in North America, Europe and Australia for sale throughout the world. Guided by Chinese nutritionists, we have fortified this product to give your growing babies an excellent source of iron, zinc, calcium and vitamin. Heinz is the brand you can trust.

Mixing Directions: An ideal supplement for babies 8 months and over.

1. Wash the feeding utensils thoroughly and boil for 10 minutes.

2. To mix the cereal, use water that has been boiled for 5 minutes.

3. Mix 1 part of cereal with 2～3 part of pre-boiled lukewarm water (around 70℃), let it soak for 30 seconds and then stir for 30 seconds.

This product is pre-cooked by steam pressure process and needs no further cooking; otherwise thin consistency and separation will be caused. Store in cool and dry place.

Manufactured under trademark license from H.J. Heinz Company by Heinz-UFF Ltd., (U.S. China joint venture), in Yantang, Shahe, and Guangzhou, China.

Heinz Hi-Protein Nutritious Cereal

The quality product is made by【46】.

This quality product is ideal for【47】.

Further cooking will cause【48】.

The manufacture of this product is guided by【49】.

The trademark license is possessed by【50】.

s, ff 14 parts of gold are mixed with 10 parts of base metal, the combination is called 14-Karat (14K) gold. The higher the Karat rating, the higher the proportion of gold in the object. The lowest Karat gold that can be marketed in the United States is 10-Karat gold. Jewelry does not have to be marked with its Karat quality, but most of it is. ff there is a Karat quality mark, next to it must be the U.S. registered trademark of the person or company that will stand behind the mark, as required by the National Gold and Silver Stamping Act.

If a ring is stamped 24K, it has

A．204 parts of gold,

B．24 parts of gold.

C．two and four-tenths parts of gold.

D．10 parts of gold.

Questions are based on the following passage．

You know Styrofoam （泡沫聚苯乙烯，俗称泡沫塑料 ）. It"s so bad for theenvironment that small， liberal cities have been banning it for decades. Now big citiessuch as New York and Washington， D.C.， are contemplating the same.

Except that you don"t really know Styrofoam. The real STYROFOAM TM has neverbeen used to hold food and beverage containers， which are made out of the less insulative （绝缘的 ） and moisture-resistant expanded polystyrene （聚苯乙烯）. And the maker ofthe real STYROFOAM TM， Dow Chemical， would really like everybody to stop using theterm.

"We"re doing everything we can to make sure that it"s used properly，" says TimLacey， Dow"s business director for building solutions in the Americas.

STYROFOAM TM was invented in 1941， and was first used the next year in a CoastGuard life raft. Now， it"s used exclusively in building insulation， to float docks and insome molds for floral arrangements. It"s often colored light blue.

"When people see the blue dye， and they see Styrofoam， to our customers， that"s apromise that they"re going to get the people， the knowledge and the relationship，" Laceysays. "We actually do make it blue for that reason."

Protecting that brand is no small task. Lacey says Dow spends "a great deal of timeand money" to do so， with a public affairs staff to keep tabs on the high-profile misusesof the term， and consultants who monitor major media outlets. They typically send outbetween 25 and 30 cease-and-desist letters annually. A couple years ago， during thecongressional cafeteria wars over envirormaentally friendly plates and utensils （器皿） ，they even had to send letters to House leadership asking them to please stop maligningtheir product. Usually， Dow says it"s an honest mistake and abusers promise to avoid theterm in the future; the company has never actually taken legal action to enforce its rights.

They can"t get everywhere， though. The Internet still abounds with Styrofoamabuse. Case in point: The Washington Post itself， whose reporter Mike DeBonis didn"thear from Dow Chemical after unintentionally misusing the term in a Nov.7 article abouta proposed ban on foam food packaging. Then there"s Save Our Shores， a Californiaadvocacy group that heard nothing about its campaign against "Styrofoam"， according todirector Laura Kasa.

Dow is actually facing a fairly common problem in intellectual property protection: "Genericide （非商标化 ） "， which happens when a product becomes so universal thatpeople use it to refer to all products in the category， like the brand names Kleenex andBand-Aid now apply respectively to facial tissue and small adhesive bandages. If theoriginal trademark holder doesn"t make a serious attempt to police it， the mark could loseprotection altogether.

How are people mistaken about Styrofoam？ 查看材料

A.By seeing it as something made out of plastic.

B.By believing it to be used to hold food.

C.By saying that it is environmentally friendly.

D.By thinking it is originally blue.

s. If 14 parts of gold are mixed with 10 parts of base metal, the combination is called 14 Karat (14K) gold. The higher the Karat rating, the higher the proportion of gold in the object. The lowest Karat gold that can be marketed in the United States is 10-Karat gold. Jewelry does not have to be marked with its Karat quality, but most of it is. If there is a Karat quality mark, next to it must be the U.S. registered trademark of the person or company that will stand behind the mark, as required by the National Gold and Silver Stamping Act.

If a ring is stamped 24K, it has ______.

A．204 parts of gold

B．24 parts of gold

C．two and four-tenths parts of gold

D．10 parts of gold