registered trademark of malicious imitation

Recently, Wenzhou City, Zhejiang Adidas v. Some footwear manufacturers, registered trademark infringement (3 bars, or three lines) the exclusive right to the case aroused extensive attention. Case, the main bone of contention involves two issues, one Adidas shoes used in the three bars is not a registered trademark of graphics; second complaint enterprises to use the three bars and Adidas registration of 3 bars mark constituted similar graphics. For the three bars the use of graphic marks to form three different perspectives. miamiheatshop  First, that its main role from the reinforcement. Second, that is a sign of recognition from the role. Third, they think that just a decorative and aesthetic effect. At first glance, the three ideas of truth, but the State Administration for Industry and the handler from the perspective of reverse thinking that, if the three bars only play the role of reinforcement, why companies do not have a complaint or three lines other patterns, but had used with the Adidas trademark similar to three bars and three bars the use of location and direction of actually surprisingly consistent? If the three bars from the decorative effect only, then why not a complaint Enterprises 4 bars, two bars or other designs on. Although the three bar graph with a certain functionality, according to the provisions of trademark law, as long as the sign obtained through the use of the salient features and ease of identification, they can be registered as trademarks. Therefore, when a significant feature as a sign of registration, the identification of the role of the ranks for the first one, its objective is the reinforcement and decorative effect, it has been a supplementary, additional and third place was. Information submitted from Adidas also reflects the company's shoes as the most likely place to attract attention of consumers to use the registered trademark, this unique innovation, has become the main source of consumers to identify products based on the 1. For example, in 1994, Adidas has sold 18 million pairs worldwide with a three bar graph trademark sneakers, sales reached 53.2 million pounds. It can be found, Adidas footwear company to use three bars is a registered trademark of the reasonable and lawful use of another person in the shoes and the Adidas trademark use of the approximate three bars, then is The company registered trademark of malicious imitation. Complaint for enterprises to use the three bars with the Adidas three ba lebron james jersey r graph registered trademark pose similar problems if the handling staff that, to judge whether the two graphic approximation mainly depends on both the internal structure of per dwyane wade jersey mutations whether the use of approximate location and color contrast. View from the present case, a complaint with the Adidas company to use the graphics are three bars, permutations and combinations are three parallel bars are used in the shoes of the side, that is, between the laces and sole, and three bars of Colors are black, and shoes of the main color contrast strongly, therefore, can determine both form similar. According to "The People's Republic of China Trademark Law," the first paragraph of Article 52: "without the permission of the registered trademark, in the same or similar goods registered trademark used on goods identical with or similar to t ray allen jersey rademark" of the provisions of a number of shoe factories in Wenzhou In the athletic footwear products, the use 3 bars, and the Adidas three bar graph registered trademark pose similar, their behavior is trademark infringement. Recently, the State Administration Trademark Office for Trade and Industry has been drafted to require the local industrial and commercial administration departments in time, the deadline closed.