officially registered in 1979

The plaintiff considers that its detrimental to Socialist morals Court law retrospective was not considered "Chinese" cigarettes violated trademark law, lawyer Wang Shi as the State administration for industry and Commerce trademark review and adjudication Board (hereinafter referred to as "judge") suit to the Court, requires ordered it removed "the Chinese" trademark. Yesterday morning, the city intermediate people's Court considers laws are not retrospective, dismissing the lawyer WangProsecution of Shi Ru. >> Plaintiff names packaged in breach of any laws last year, the Shanghai lawyer found Wang Shi Chinese cigarettes are printed on the package of "Chinese" "Heavenly Peace", "table" and other names and patterns. Of the trademark law as enacted in 1993, explicitly prohibit the name identical or similar positions in these countries, or with the specific locations where the name or logo for Central Government organsBuildings of the same name, graphics, text and graphics swtor power leveling, appeared on the mark, "China" trade mark should be revoked. Due to the trademark office review of discharge, apply to the judges were dismissed, Wang Shi as judges to prosecute to the Court, and Shanghai tobacco as a third defendant. Wang Shiru says cigarettes are prohibited goods provided for in recent years, and "Chinese" "Heavenly Peace" "Table "logo is representative of the Chinese national spirit and national image, was used on the cigarette, detrimental to Socialist morals practice swtor credits, have a negative impact on the community, so it should be withdrawn. >> Accused judges said the registration time is earlier than the law of trademarks, China enacted before the trademark was registered in the law of trademarks, and trademarks belonging to already has great influence, it should not beRevoked. Shanghai tobacco notes that "the Chinese" trademark was founded in 1950, registered in February 1952, officially registered in 1979, China's first trademark law was promulgated in 1982, based on the principles of law is not retrospective, the relevant provisions of the trademark law of trademarks in dispute does not have retroactive effect. >> Of the trademark law of the Court are not retrospectiveToday's trademark registration in dispute occurred in this case the law of trademarks prior to the implementation of the existing trademark law of the trade mark is in dispute with retroactive effect is the main content dispute in the present case. After investigation, the Court confirmed, the China trademark was founded and registered in February 1952, after the relevant State departments to clean up the trademark, trademark registration certificate issued by the new approved registration day is 1979On October 31. Zhihou, disputed trademark after the renewal, exclusive right to use the period to 2013. From controversial trademark registered so far, China's legal system has evolved from the 1963 trademark registration by the State Council promulgated by the management of the trade marks Ordinance, enacted in 1982, the first, in 1993 the first amendment of the law of trademarks and the trademark law in 2001Again the amendment of the trademark law of the process. Among them, 1982, 1993 and 2001, of the trademark law provides for "the implementation of this law has previously been registered trademarks shall remain in force". The Court therefore finds lawyer Wang Shiru advocated the China trademark violation of the existing provisions of the TLT article tenth of the reasons for the lack of legal basis, and rejected his lawsuits.