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2009 年 5 21, the Beijing First Intermediate People's Court of First Instance decision to make and maintain business decision made by the judges, the prosecution dismissed the Hubei rice flower.

6 15, Yingkou City, Liaoning Province, Yingkou Intermediate People's Court to the Municipal People's Procuratorate issued a note, saying verified, held in Yiwu, rice flower (2007),[link widoczny dla zalogowanych], the beginning of camp three people 174 words Department of Civil Judgement forged, the hospital had never heard the case.

both the evidence submitted in accordance with the facts of the case of debate Full Court made the following four focus: TRAB review process legal? Hubei rice flower stage in the review of trademark disputes, rice flower is clearly Yiwu trademark rights against its own firm? Yiwu rice flower and rice flower Hubei constitute similar marks on similar products? Yiwu Daohuaxiang whether malicious register?
excuse for TRAB, Hubei rice flower that: first, the business five years overdue to receive evidence of the judges is a fact, as to whether the admissible evidence, not the judges themselves denied the business does not exist ; Second, although the review stage of Hubei rice flower that only a registered trademark of rice flower Yiwu their prior rights violations, especially against no clear right to their own firms, but the Trademark Law of China stipulates that prior rights, including trademarks All other rights, including trade name right, the judges can not require a commercial business and commercial judges have the same rights on the precise description of the mark; third, whether on a similar product, only for reference, not as the only yardstick. Determine whether the two products is similar to the general public awareness should also come from consideration. Two rice flower of commodities, one sauce, one is food, very easy to confuse. Fourth, determine whether the bad faith registration, depending on the behavior and results: First, the Hubei rice flower there is the possibility of trademark; In addition, evidence from the Yingkou Intermediate People's Court of view, rice flower Yiwu false judgments obtained by illegal means well-known trademark counterfeiting is obviously malicious. Third, rice flower Yiwu since 2008, he was trumpeted through the Therefore, rice flower Yiwu registered and used in bad faith rice flower trademark.
2009 年 4 6, Hubei rice flower judgments that were against the suspect to the Court and the Supreme People's Procuratorate and other departments to reflect the situation in writing, request Yingkou Intermediate People's Court in cases involving judgments legal supervision according to law.

Zhejiang, rice flower holding a false court judgments actually deceived the court

Yingkou City Court issue a certificate: the case has not been heard
dispute Hubei rice flower applications, business judges for as long as 6 years of December 10, 2008, Yiwu rice flower late submitted to the TRAB Yingkou Intermediate People's Court made the (2007), the beginning of the word business people three Civil Judgement No. 174, the verdict December 22, 2008, the State TRAB made of rice flower trademarks of Yiwu's decision to be maintained.

It is understood that false judgments concerning the Yingkou Intermediate People's Court civil division of a President in July this year were taken in for questioning prosecution. It is reported that the case has now entered the judicial process.
court investigation, the Full Court of the Hubei rice flower rice flower made of forged court on the Yiwu Civil Judgement importance given the circumstances, Hubei rice flower court about their access to the Yingkou Intermediate People's Court issued the process of evidence were . The verdict as evidence of the true and false, and the origins of TRAB rice flower with a third agent, Yiwu is not a positive response, and said: the contents of the verdict, whether true or false, can only explain it really Yiwu rice flower for the

focus the debate on the above, business agent of the judges that: first, the commercial judges in the review process is completely legal,[link widoczny dla zalogowanych], although the rice flower Yiwu 6 years after the submission of a verdict as evidence But the business did not adopt the evidence of the judges; second, Hubei rice flower at the review stage, there is no clearly Yiwu Daohuaxiang trademark rights against its own firm; the third, according to approved a rice flower does not belong to similar goods of goods; Fourth, there is no evidence that registration in bad faith Yiwu rice flower. Yiwu Daohuaxiang third agent's debate comments and TRAB basically the same.

Exclusive articles Sina statement: This work (text, images, graphics and audio and video) for Sina special use, without authorization, any media, and individuals may reproduced in whole or in part.
This decision of TRAB, Hubei rice flower that can not be accepted, was made to the Beijing First Intermediate People's Court for adjudication on dispute administrative proceedings. In the case proceedings, the respondent reply during TRAB, a submission to the court all the evidence of both parties, among them the verdict.

after 2 hours of trial, the full court adjourned the trial, and chose a sentencing date.
Hubei rice flower appeal to the Full Court made three requests: revocation of the Beijing First Intermediate People's Court (2009) first word of a Bank of China executive Judgement No. 503 ; to abolish the State Administration for Industry and Commerce Trademark Review and Adjudication Board Review Word (2008) No. 30068 ruling.
courtroom

case background

2002 年 5 7, Yiwu City, Zhejiang Province Rice Flower Food Co., Ltd. (hereinafter referred to Yiwu rice flower) for registration of the rice pudding for the first 30 categories, convenient rice noodles and other foods. About the incident Wine Company Limited Hubei rice flower (hereinafter referred to Hubei rice flower) much less, that their start back in 1992 with October 15, 2002, Hubei rice flower for the cancellation to the TRAB Yiwu Daohuaxiang trademark application.
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