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近日,一起商标异议纠纷引发了业界的广泛关注和激烈争论,最高人民法院网络直播了该案再审庭审的全部过程,并归纳出了两个焦点问题,其中包括:再审申请人希力公司与千贝公司在被异议商标申请日前是否已使用“捕鱼达人”商标并且使之具有一定影响?希力公司所售的游戏软件具有退币等功能对希力公司主张的在先权益是否构成影响?[1]实务界与学术界也是围绕这
Recently, a dispute over trademark opposition has aroused widespread concern and heated debate in the industry. The Supreme People’s Court broadcast the whole process of the trial of the trial of the case on its website and summarized two issues of focus, including: Retrial Applicant Xi Li Company Has the company applied and has a certain influence on the trademark “Fishing Daren” before the application date of the opposition trademark? The game software sold by the company has such functions as coin-refunded. Constitute an impact? [1] Practice and academia are also around this