女人们

©初音过去

作者邮箱:mortdesocrate@foxmail.com

 

写下这些其实多有犹豫,毕竟一些内容可以归到个人隐私的范畴,即使发生在公共场所。我想要完全抹去主人公们的身份和外观,但无奈这些也是故事非常重要的一部分。我并没有添加其中的任何一个人的联系方式,在记述中我也会抹去最显眼的个人特征,也不会放到充满陌生人的社交媒体供人随意点击。但如果真的被当事人看到,希望您知道,这只是我眼中的您,一面之缘的您,请务必不会困扰您的人生选择。一切让您伤心的地方,绝对不是我本意。您作为我偶然的旅人,我首先是满怀感激。

我是一个记忆力非常差的人,偶尔翻看过去的日记或者随笔,我都会惊讶自己曾碰到过这样的事,有这样的想法。而下文这些事的发生对我来说十分有趣。这不该成为一种独斟之乐因为太有趣,我忍不住要说出来,毕竟有些情节确实不常见。只有在那样的场合、时间、氛围、人物间才会发生。这一部分则完完全全是我的私心了。

最后,这一切的内容都只是别人在我眼中和脑中的投射,经过我六百度的眼睛和迟钝的脑子本就早有偏差,更别提再加工一次写下来后传达出的东西与本体何等不相称。

所以,这只是一个描述,我不会加任何的判断和评价,希望你也是。我只如实记录我的脑和我的心。 …

CTMO Refines Examination of Non-use Cancellation Actions

In 2020, the average number of monthly trademark applications in China reached 775,000. It is expected that the figure has exceeded 800,000 in 2021. With the increase in the number of trademark applications, non-use cancellation actions (NUCs) have also soared. A NUC is an administrative procedure that can be taken by any entity or individual when a registered trademark has not been put in use for three consecutive years without a justifiable reason. NUCs are generally adopted by applicants as a means to overcome the cited marks that block their own trademark applications.

After a NUC is filed, the China Trademark Office (CTMO) will notify the trademark registrant and require that evidence of use for the past three years be submitted within two months. Before 2022, the examination of the evidence of use was quite lax. For a trademark registered in several subclasses, the registrant only needs to submit evidence of use for one subclass or two to maintain the trademark registration in all the subclasses it covers. Under such circumstances, if the petitioner of the NUC wants to get the registration canceled in other subclasses, he will have to lodge an appeal before the Trademark Review and Adjudication Board (TRAB). The TRAB will carefully review the evidence of use and match it against all the subclasses, and cancel the trademark registration on those subclasses for which the registrant fails to provide evidence of use. This explains why 70–90% of trademark registrations are canceled in appeals before the TRAB. In fact, they should have been canceled by the CTMO if the CTMO reviews the evidence of use in a stricter manner.

TRAB Affirms Refusal to Register “初心”: Ill Effects

Shanghai Chumeng Education Technology Co., Ltd. (Applicant) sought to register “初心” No. 44867663 for use on services in class 45 and the China Trademark Office (CTMO) refused the application on the grounds of likelihood of confusion and ill effects. The Applicant appealed and submitted letter of consent by the registrants of the cited marks. The Trademark Review and Adjudication Board (TRAB) recognized the letter of consent as a justification for the co-existence of the applied-for mark and the cited marks, while affirmed the refusal on the grounds of ill effects.

“初心” means “original intention” or “original aspiration” and was a phrase that first appeared in a work of Bai Juyi, a renowned poet of the Tang Dynasty (618–907). The original meaning of this phrase was neutral, and I do not see any reason that it should be deemed to have ill effects. However, this phrase has been frequently quoted by President Xi as of October 31, 2017, when he delivered a speech after a visit at Nanhu Lake Revolution Museum in Jiaxing, east China’s Zhejiang Province. After that, “stay[ing] true to our original aspiration and founding mission” has been quoted in several other speeches of Xi and become a very well-known phrase in the political context. …