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申请注册的商标,同他人在同一种商品或者类似商品上已经注册的或者初步审定的商标相同或者近似的,应由商标局驳回申请。可是在现实生活中,有的本应被驳回的商标却被商标局核准注册,待商标积累了一定商誉后却又遭遇撤销的厄运,从而引发了诸多问题。本文从一起案例入手,分析了不该被核准注册的商标被商标局核准注册后引发的诸多问题,最后提出了相应的解决措施。
The trademark applied for registration shall be rejected by the Trademark Office if the same or similar trademark as that registered or preliminary examined by another person on the same or similar commodity. However, in real life, some of the trademarks that should have been rejected have been registered by the Trademark Office. Many problems have arisen after the trademark has accumulated a certain amount of goodwill and suffered untold misfortunes. This article starts with a case study, analyzes many problems that should not be approved after the registration is registered by the Trademark Office, and finally puts forward the corresponding solutions.