Saint Vincent of Zaragoza (Saint Vincent of Saragossa) I'm a deacon at the church in Zaragoza. He was born in Huesca, Spain (Huesca) , in 304 Around the year of the Roman emperor Diocletian (Diocletian) Put to death. He is considered sacred and inviolable by many Christians. St. Vincent is also the name of several national geographic locations, Take the SAN Vincent Valley in Italy, The community of St. Vincent in Minnesota and St. Vincent College in Gosport, England.

however, Russian Alexander's Vaults The company applied and got it "Saint Vincent" Registered trademark (The registration number is 196200) , The scope of application is no 16 and 33 Class of goods as well as No 35, 39 and 42 Class service. The register lasted for several years, Until the other one named "Wine Style" Of the wineries filed an appeal against registration. The complainant alleges that the registration was violated "Civil code" The first 1483 The public interest as well as the principles of humanity and morality.

The complainant described Saint Vincent as a martyr who suffered for his faith. Using his name as a label for an alcoholic beverage would insult the sensibilities of believers. Public inquiry shows, 50%Twenty percent of respondents felt insulted.

complainant, Using the name of a saint martyr in a registered trademark can lead to false associations among consumers.

Consumers will think the goods are authorized by the church, So you're encouraged to buy. Investigations carried out by the complainants revealed that, This naming makes more than 25%Thirty percent of respondents thought churches liked alcohol.

Competing trademarks conjure up images of specific qualities, Producers and places of production, It's reminiscent of the patron saint of French grape growers——Saint Vincent passed through a wine-rich region of France, The benefits of pruning vines were discovered by Saint Vincent, So St. Vincent became the patron saint of grape growers. Because of these associations, The department disputes the trademark and acts as the first 33 France, a commodity producer, has established stable ties. but, This is not consistent with the facts. Because the trademark owner's company is an offshore company in Cyprus Coteur United Brands incorporated.

The complainant wants to revoke the trademark because he imports alcoholic products, Included by "St Vincent" It's made from the red grape variety Vincent Wine and Saint Vincent wine. The complainant was also given Dmitri Moskva (Dmitry) The archbishop's support, The latter believed that using the saint's name as a label for alcoholic drinks would insult the sensibilities of believers. The names or images of saints used by religious groups do not belong to any natural or legal person unaffiliated with a religion.

The trademark owner challenged the result of the public vote, Because the survey questions are all about 2000 annual, And the survey activity is in 2020 annual. Trademark owner, After such a long time, A true assessment of the situation is unlikely.

The trademark owner also claims that, There are many trademarks in the national register that include religious themes, For example "monk (friar) " "Madonna (Madonna) " and "monasterial traditions (Monastic tradition) " .

The trademark owner also provided extensive documentation, Shows a variety of cases in which the name is used or associated with the name.

Petitioner objects, It says although religious organizations are free to use religious symbols associated with their religion, However, such symbols cannot be registered.

After a heated argument, The complainant had the upper hand. Patent Dispute Settlement Committee (Chamber of Patent Disputes) That the trademark dispute was related to religious belief, Contested trademarks that refer to alcoholic beverages insult the sensibilities of believers, And the saint's name cannot be appropriated by any natural or legal person. Therefore, The mark shall be completely invalidated. So far, St. Vincent is finally free from the shackles of intellectual property. (Compiled from www. managingip. com)

        Reprinted from China Intellectual Property Network   translation: Rason group　proofread: Liu Peng

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