浅析“声音商标”

本文对声音商标的概念以及声音商标在各国的立法现状进行了详细介绍,并详细介绍《新商标法》实施后,我国声音商标的注册要求,并对声音商标在我国的发展提出几点建议。     

农产品证明商标的申请、注册与保护

证明商标是近10年才发展起来的，它是一种特殊的商标，比一般商标具有更强的区别性。下面对农产品证明商标的有关问题进行简要介绍。一、证明商标及其发展国家工商行政管理总局于1994年12月30日发布了《集体商标、证明商标注册和管理办法》(以下简称《办法》)。在《办法》中对证明商标作了明确的规定。在2001年12月1日正式实施的新《商标法》第三条第二款中规定：“证明商标是指由对某种商品或服务具有监督能力的组织所控制，而由该组织以外的单位或者个人使用于其商品或者服务，用以证明该商品或服务的原产地、原料、制造方法、质量或者其他特定品质的标志。”《商标法》第十六条指出：“地理标志为标示某商品来源于某地区，该商品的特定质量、信誉或者其他特征，主要由该地区的自然因素或者人为因素所决定的标志”。在《中华人民共和国商标法实施条例》第六条中同时规定：“商标法第十六条规定的地理标志，可以依照商标法和本条例的规定，作为证明商标申请注册”。根据证明商标证明重点的不同，我国的证明商标可以分为两类，一类是证明特定品质的证明商标。证明特定品质的证明商标主要证明商品或者服务具有某种特定品质。如：大家都比较熟悉的“绿色标志”是证明其产品具备食用安全...     

企业商标战略

1商标定义《商标法》第八条规定：任何能够将自然人、法人或者其他组织的商品与他人的商品区别开的可视性标志，包括文字、图形、字母、数字、三维标志和颜色组合，以及上述要素的组合，均可以作为商标申请注册。     

品牌农业中商标的注册及注意事项

<正>在经济蓬勃发展的今天,越来越多人开始重视起知识产权来,商标作为产品的一种独有属性,其重要性不言而喻。"老百姓过去讲‘认牌子’,这就是商标的一个应用。"山东华典商标事务所经理郑平说,"一个产品没有商标,就好像一个人没有名字一样,即便想认识它,也无从下手。"我国《商标法》规定,自然人、法人或者其他组织都可以申请商标注册。因此,家庭农场、合作社均可以自己的名义申请商标注册。申请注册的商标应当具有显著性,不得违反《商标法》的规定,并不得与他人在先的权利相冲突。商     

三谈使用"野坝子"字样不构成商标侵权

俗话说 :“外行看热闹 ,内行看门道”。当法律教授、学者、法官、律师讨论一些具体案件时 ,经常是公说公有理 ,婆说婆有理 ,在外行人眼中 ,如雾里看花 ,水中望月。法院判决原告胜诉被告觉得冤 ;被告赢了官司 ,原告感到屈。然而 ,内行人会一眼看出门道的。任何一部法律都有其立法宗旨 ,立法宗旨阐明了法律的立法目的、原则和精神。审理案件或处理法律事务必须充分、全面、准确地理解和把握立法宗旨 ,否则就可能出现曲解法律的错误。1993年修正实施的《商标法》第一条规定了其立法的宗旨 ,即“为了加强商标管理 ,保护商标专用权 ,促使生产者保…     

反向假冒商标侵权

案情2002年3月 ,某市甲畜牧机械厂为扩大企业的知名度 ,印发大量的广告宣传资料 ,宣称其采用国外先进技术生产出一种新型机械 ,一些生产企业获悉后前往联系购买。由于该厂的生产品种较少 ,根本无法满足客户对产品的品种需求。该厂为了满足客户的要求 ,提高本厂的信誉 ,不得不从邻近地区的乙机械公司以较高价格购买了6台由该公司生产的机器 ,然后把机器上的乙公司的名称和注册商标等内容的合格证及标牌 ,换上自己厂的名称注册商标的合格证及标牌 ,作为自己生产的产品 ,以低于乙机械公司的市场销售价格卖给客户。刚卖出4台不到几个月 ,甲厂的…     

再谈使用“野坝子”字样不构成商标侵权

黎明在《“野坝子”商标该不该受法律保护》一文 (见《蜜蜂杂志》 2 0 0 2年第 4期 )中 ,对“野坝子”商标应不应该受法律保护提出质疑。笔者认为 ,答案是明确的 ,毫无疑义的。“野坝子”商标是注册商标 ,应该受到法律保护。然而 ,本案的关键不是“野坝子”商标应不应该受法律保护 ,而是被告使用“野坝子”字样是否构成商标侵权。笔者认为 ,被告未经原告同意 ,在野坝子蜂蜜包装上使用了“野坝子”字样不构成商标侵权。其理由补充如下 :商标的显著性是直接关系到商标是否受到商标法保护的关键因素 ,商标保护的核心问题是商标显著性的保护。商…     

商标与商品名称

商标不同商品名称，这是常识，但并非每个人都知晓。何谓商标？各国商标法对商标一词，均有定义，其内容大同小异归纳起来，其要点是商标包括文字、图形或者其组合，用以区别一家企业的商品与其它企业的商品的标志。何谓商品名称？商品名称是指在市场上用以识别或称呼其一...     

论商标平行进口的合法性

知识产权的国际贸易其中就包括了商标产品的跨境流通,商标产品的平行进口问题之所以能引起广泛的讨论就是因为在商标平行进口合法与否的问题上有着难以调和的矛盾和冲突。对此,国际上也未形成统一的声音。但从全球经济经济一体化的角度看,商标平行进口合法性与否的问题不应局限于"权利用尽原则"和"地域性原则"中,应试图从商标法的宗旨以及我国现阶段的贸易政策更广阔的领域加以分析讨论。使商标平行进口获得应有的法律地位。     

拿走了商标，怎能一走了之——对“王老吉”商标之争的法律分析

最近的“王老吉”商标之争可谓是对商标法的发展有着重大影响的典型案例。该案仲裁的结果表面看似合法却隐藏着许多不合理之处。案件的处理与商标许可制度预设的目的、法律价值及法理都存在着严重冲突。广药集团拿走了在当初许可时还不起眼，但现在经加多宝公司的经营已巨额增值的商标后，该商标的增值收益、商誉及企业形象应该得到妥当的处分，而不是理所当然地附着于该商标被广药集团连同带走。同时应该区分两个品牌的包装装潢，方能公平合理地分配两者利益。     

Preventing behavior problems in puppies and kittens

There are many common issues that owners find problematic with their puppy's or kitten's behavior, such as eliminating in inappropriate locations, chewing, mouthing, growling, and biting. Many of these issues can be prevented or managed by helping owners understand normal canine and feline behavior and by teaching the puppy and kitten socially acceptable behaviors. The focus always should be on rewarding acceptable behaviors rather than punishing unacceptable ones. Puppy Preschool and Kitten Kindergarten classes are an ideal avenue to introduce pet owners to modern, humane ways to train and socialize their pets to be a valuable part of today's society.     

Behavior of hearing or vision impaired and normal hearing and vision dogs (Canis lupis familiaris): Not the same,but not that different

The article compared behavioral characteristics of dogs (Canis lupis familiaris) labeled as hearing and/or vision impaired by their owners with cohort dogs labeled as having normal hearing and vision (NHV) by their owners. The Canine Behavioral Assessment and Research Questionnaire, developed by Hsu and Serpell (2003), was used to survey owners. Four hundred sixty-one dog owners completed the online survey, with 183 of these being owners of hearing and/or vision impaired (HVI) dogs. Data analysis revealed that HVI dogs were reported by owners to show less aggression, less excitement, and were less likely to engage in behaviors, such as chasing of rabbits and rolling in feces than their normally hearing/seeing (NHV) cohorts. HVI dogs, however, were reported to be more likely to chew inappropriate objects, consume feces, bark excessively, and engage in greater licking behavior. When owners were surveyed about the type of training method used, owners of HVI dogs were found to be more likely to use hand signs, physical prompts, or combination of these training methods. Owners of NHV dogs reported being more likely than owners of HVI dogs to use gestures or report no formal training with their dogs. The data provide evidence that HVI dogs are as trainable as NHV dogs, can make excellent pets, and show behavior that is well within the parameters of NHV dog behavior. Still, because of their sensory limitations, specialized training methods and adaptations should be implemented with these dogs. This may limit HVI dogs to owners who are motivated, understand the sensory deficits, and are willing to engage in the modified training.     

Owner complaints of canine behavior in Iran–A preliminary survey

The current survey assessed 17 common behavioral complaints reported by 234 dog owners attending the Small Animal Hospital, University of Tehran using a questionnaire. According to the results, nearly 95% of dog owners reported at least 1 undesirable behavior in their dogs. Aggression toward other dogs and people, jumping up, and excessive barking were the most common behavioral complaints. Owners of large-breed dogs were more likely to complain about their dogs’ aggressive behaviors toward people/dogs and excessive barking compared with owners of small-breed dogs. Dogs without access to a yard were more likely to show phobia-associated behaviors, fearfulness, and separation-related behaviors, whereas those having access to a yard were more likely to show aggressive behaviors toward people/dogs and excessive barking. Interaction of dogs with people and type of reaction used by owners in response to the behavior were also related with some other behavioral characteristics of the animals.     

The relationship between training methods and the occurrence of behavior problems,as reported by owners,in a population of domestic dogs

In a questionnaire survey of dog owners, 88% of respondents’ dogs had received some form of training. Training methods varied; 16% of owners said that they used only positive reinforcement, 12% used a combination of positive reinforcement and negative reinforcement, 32% used a combination of positive reinforcement and positive punishment, and the remaining 40% used a combination of all categories. Seventy-two percent of owners used some form of positive punishment. The mean number of potentially undesirable behaviors reported was 11.3 per dog. Attendance at formal training classes did not significantly affect the total number of potentially undesirable behaviors reported. However, dogs that had attended puppy socialization classes were less likely to show an undesirable reaction to dogs from outside the household, and owners who carried out informal training at home, but did not attend any form of formal training class, were more likely to report some form of aggression in their dog. The training method used by owners was also related to the total number of potentially undesirable behaviors shown by the dogs. When individual categories of potentially undesirable behavior were investigated, the type of training method used was also significantly associated with attention-seeking score, fear (avoidance) score, and aggression score. Other factors related to the overall number of potentially undesirable behaviors included the age and origin of the dog.     

Effects of preadoption counseling on the prevention of separation anxiety in newly adopted shelter dogs

Separation anxiety is one of the more prevalent and difficult to treat behavior problems in dogs. The associated behaviors can be undesirable to dog owners and damage the human animal bond, leading to relinquishment or return to an animal shelter. Due to the high prevalence of separation related problems in recently adopted shelter dogs, shelter staff hold a critical role in advising and educating owners on how to prevent separation anxiety post-adoption. The aim of this study was to propose a form of that preventive counseling as a means of preventing the development of separation anxiety in recently adopted shelter dogs. The efficacy of preadoption counseling in the education and prevention of separation anxiety problems was tested in a prospective, randomized, parallel-group study. Participants included 133 new owners of dogs 6 months of age and older. At the time of adoption, sixty-six of these owners were randomly selected to receive five minutes of counseling on the prevention of separation anxiety, while the remaining sixty-seven owners served as the controls. A follow-up survey regarding the signs associated with separation anxiety and other potentially related behaviors was conducted one month post adoption. Results showed that 19 owners reported their dogs as having separation anxiety. There was no significant effect of adoption counseling on the prevention of separation anxiety. Owners in both groups were equally as likely to perform most of the recommendations given during counseling. Dogs that were reported to have separation anxiety were significantly more likely than dogs without reported separation anxiety to show nervous or panicked behavior as the owner prepared to leave (P = 0.0001) and were more likely to be reported as being “needy” (P = 0.031). Having another dog in the home was not protective against the development of separation anxiety. Owners in the counseling group were more likely than those in the control group to put food inside a toy at the time of leaving the dog home alone (P = 0.0001), suggesting the counseling recommendations were indeed followed by the owners. Owner compliance supports the idea that counseling is a useful tool for owners. Separation anxiety is a disorder whose course may be difficult to alter in recently adopted shelter dogs using only basic, interventional information. Brief counseling and a toy do not effectively prevent the occurrence of this complex behavioral condition. Further investigation should be done to find more specific, effective prevention tools for owners to use in the home to minimize the development of separation anxiety and shelter should be prepared to provide interventional resources to owners whose dogs develop separation anxiety despite these efforts.     

Comparison of interpretation of cat's behavioral needs between veterinarians,veterinary nurses,and cat owners

Cats have certain strongly motivated behaviors, which could be defined as “needs,” that should be understood to provide the cat the best quality of life and assure proper welfare. It is well recognized that cats have several behavioral needs, which if not met, can result in anxiety and secondary behavior problems. These problems can lead to relinquishment or euthanasia. Veterinarians and veterinary nurses have a special role when educating owners. To increase owners' compliance, veterinary professionals should have evidence-based knowledge for the right information to be communicated to feline owners. The goal of the present study was to identify and compare the level of knowledge that veterinarians, veterinary nurses, and pet owners have about cat behavior and to compare their perceptions on this subject. We were also interested in determining whether living with a cat affected the professionals' knowledge base and what they are able to properly communicate to pet owners. It was expected that the veterinarians would have the highest level of knowledge regarding the interpretation of feline behavioral needs. We also hypothesized that those professionals who had or have previously owned a cat would have a better understanding of what cats actually need. A questionnaire, called “questionnaire to assess cat's needs” (QACN), was completed by cat owners, veterinarians, and veterinary nurses. The QACN had 13 different statements about the behavioral needs of cats, and each participant had to select their level of agreement with the statement. The QACN was then scored and a principal component analysis was used to identify meaningful associations. The following 3 components were extracted: elimination, stress releasers, and human stimulation. Contrary to what was expected, the results showed that in some specific areas (stress releasers and human stimulation) veterinarians' and veterinary nurses' knowledge was not significantly different from that of cat owners. This could mean that the role of these professionals in preventing behavioral problems can be very compromised. Those professionals who had owned a cat personally were better at identifying the behavioral needs of cats, with some significant differences (related with stress releasers), compared with those professionals who had never owned a cat. More education about feline behavior should be included when training veterinarians and veterinary nurses for clients to continue to trust these professionals to provide them with evidence-based knowledge about cat behavior.     

Perception of dogs’ stress by their owners

Questionnaires potentially have a broad applicability in measuring stress levels in dogs, as owners know their dogs’ behavior and personality better than anyone else. The aim of this research was to evaluate how owners perceive stress in their dogs through understanding of displayed behaviors.The survey was carried out using 1,190 questionnaires completed by dog owners. More than half of respondents were able to correctly identify stress as a short- or long-term alteration of the psychophysical equilibrium that can develop into illness. This ability was higher with higher educational levels. The behavioral indicators of stress most frequently identified by owners were trembling and whining, followed by aggressiveness, excessive barking, and panting. More subtle behaviors such as looking elsewhere, turning head, yawning, and nose licking were more rarely reported, suggesting that few owners are able to correctly interpret and intervene in early stages of stress. The vast majority of respondents indicated that dogs were stressed seldom or only in specific situations. Men generally considered their dogs as experiencing low stress more often than did women, whereas women considered their dogs as being moderately stressed more often than did men.An owner’s ability to recognize behavioral signs of stress is important, as it enables the owner to help the animal to avoid welfare problems, such as stressful situations, and favors a rapid recovery of psychophysical homeostasis by interrupting the progression to overstress and distress. The results show that some owners can help in protecting the welfare of their dogs, but that many owners would benefit from educational efforts to improve their ability to interpret their dogs’ behavior.     

Experimental evaluation of attachment behaviors in owned cats

Attachment, a normal behavior among social animals, is quite significant since owners worry about their pets and take care of them because of this affective connection. There are not enough research studies that focus on attachment between owners and their cats. The general objective of this study was to identify attachment behaviors, directed toward their owners, in cats of different body types, age groups, and sexes in an experimental situation.Twenty-eight cats, ranging from 1 to 7 years of age and having different body types, were used in the study without taking into account sex or reproductive status. These cats underwent an Ainsworth’s Adapted Strange Situation Test. Event frequencies and behavioral state durations in individual type behaviors such as exploration/locomotion, alertness, and inactivity were registered using direct focal sampling. For data analysis, cats were divided by body type, sex, and reproductive status. Analysis of variance (ANOVA) of locomotion/exploration revealed a statistically significant difference (N = 28, F = 13.55, P < 0.001) between the episodes with the owner, alone, and with a stranger with cats spending more time engaged in locomotion/exploration while accompanied by their owner. On the alert behavior event frequency, difference (ANOVA, F = 7.44, P < 0.05) was found, which showed a higher frequency while in the company of a stranger. Last, in the inactivity time ratio, a significant difference was found (ANOVA, F = 18.55, P < 0.001), where the time spent on this behavior was considerably higher when the animal was alone.These results are consistent with the ones obtained by Ainsworth in children attached to their mothers; therefore, it can be said that cats can manifest attachment behaviors toward their owners. Further studies are indicated to see whether cats can develop separation anxiety.     

The strengths of statistical techniques in identifying patterns underlying apparently random behavioral problems in horses

The inability of owners to recognize patterns behind the seemingly disparate or random behavior problems expressed by their horse has major welfare implications. Principal components analysis has been successfully used to explore relationships between individual behavior problems in dogs, and it may be a valuable tool in recognizing relationships between problem behaviors in horses. Here, we report how principal components analysis has been used to identify relationships underlying individual behavior problems in horses using data generated from a large-scale Internet survey of United Kingdom leisure horses. Horse-level data on the performance of 44 individual behavior problems, encompassing stable-related and handling behavior problems, prefeeding behavior problems, and ridden behavior problems, were reduced to 12 behavior problem components. Each component was composed of groups of behavior problems that may share a common underlying etiology. These findings demonstrate the value of statistical techniques in identifying associations between apparently random behavior problems. Recognizing relationships between individual problems may prompt owners to take earlier action to resolve them, thereby improving their horse’s welfare.     

Effects of preadoption counseling for owners on house-training success among dogs acquired from shelters

OBJECTIVE: To determine the effect of preadoption counseling for owners on house-training success among dogs acquired from shelters. DESIGN: Prospective study. SAMPLE POPULATION: 113 dog owners. PROCEDURES: Participants were randomly assigned to a treatment (n = 54) or a control (59) group. Dog owners in the treatment group received counseling (5 minutes' duration) regarding house-training. Owners in the control group did not receive counseling, but all other adoption procedures were otherwise identical to those applied to the treatment group. All participants were contacted by telephone 1 month after adoption of a dog for assessment of house-training status and related issues by use of a standardized survey method; data were compared between groups. RESULTS: Most shelter dogs were considered successfully house-trained by their owners 1 month after adoption. Furthermore, dogs were considered house-trained by significantly more owners who received preadoption counseling than control group owners (98.1% vs 86.4%). Owners who received counseling used verbal punishment on their dogs during house-training less frequently and applied enzymatic cleaners to urine- or feces-soiled areas more frequently than owners in the control group. CONCLUSIONS AND CLINICAL RELEVANCE: Results have suggested that brief preadoption counseling for owners enhances successful house-training of dogs adopted from shelters. Counseling owners at the time of pet acquisition may thus have beneficial effects in the prevention of inappropriate elimination behaviors. Veterinarians and animal care staff should be encouraged to devote time to counsel new pet owners on successful house-training, as well as other healthcare and behavioral needs.