DIALOGUE

A French trading company decides to import table lights,batteries and the like from China.Mr.Sun(S) of China Light Industrial Products Import and Export Corporation holds a talk with Mr.Henri Durand(D),agent of a French company,about the registration of their trade marks in France.

S:Mr.Durand,please take a seat.

D:Thank you,Mr.Sun.I’m very sorry for being late,and something urgent propped up at the last minute.

S:That’s all right.Now that you are here,let’s start the discussion.Someone has told me that you have some comments to make about the registration of our trade marks.

D:Yes.I work in a law firm.I have been asked by the French Trading Company to come here and have a face to face consultation with you.

S:You are welcome.I believe that you have some problems to discuss with me,regarding the application for the registration of our trade marks.

D:Yes.You are applying for the registration of the trade marks “Peacock” and “Double Fish” for table lights,as well as “555”and “Panda” for batteries,right?

S:Yes.Just these four trade marks.Are they well-chosen?

D:I am afraid not.Peacock is an evil omen in our country,and so it’s not appropriate,I’m afraid,to register the brand “Peacock”.The “Double Fish” brand is quite good.Its design seems fresh and vivid.I have no objection to it.

S:To respect the local custom of the importing country is one important aspect of our foreign trade strategy.We haven’t had any idea of what you’ve told me until today.Well,live and learn.

D:True,it’s never too late to learn.You are also applying for “555” brand and “Panda”brand.It has been found through preliminary examination that the British Tobacco Company already obtained the registration of “555” brand 10 years ago.The brand name is the same,though the logo design is different.Therefore you can’t have your“555” brand registered.The “Panda” brand is very nice.It’s a famous brand with attractive design,and so there is no problem for its registration.

S:How long will it take to obtain the approval from your Trade Mark Office?

D:About two months.

S:That is not too long! How long is the term of validity of a registration?

D:Under ordinary circumstances,the validity is 5 years.If you would like to continue using the trade mark when the validity expires,you need to make a new application for the registration.

S:When is the new application required to be made?

D:Six months before its expiry date.

S:Is a trade mark transferable?

D:Yes,it is.Anyhow,the transferee needs to make the application,too,and must also see to it that the quality of the product be maintained.

S:What shall we do,in case an imitation of our brand is found?

D:If so,you ought to make an appeal to the law firm.You see,to make a counterfeit of somebody else’s trade mark is a violation of the trade mark law.The counterfeiter ought to compensate the loss the owner has suffered.

S:What you’ve said is of great importance.

D:If you have no more questions,would you please fill in the form? A French version is required for the two trade marks,“Double Fish” for the table lights and “Panda” for the batteries.

S:Thank you for your assistance.

D:Not at all.The registration certificate will soon be granted to you upon the approval by the Trade Mark Office in Paris.