问题 问答题

广州市甲家具厂设计了一种款式新颖的家具,投放市场后销路很好,许多厂家相继仿制。为了维护本厂的利益,该厂于当年2月20日向国家商标局提出“广州”牌商标的注册申请。在其申请注册期间,乙木材厂仍继续生产与甲家具厂样式完全相同的家具,并使用了“广州”商标 (仅文字相同,图案、字形均不相同)。甲家具厂即向工商行政管理部门提出保护其商标专用权的申请。4月10日,商标局驳回甲家具厂的商标注册申请。甲家具厂收到驳回通知后,经研究于5月10日提出申请复议。同时,乙木材厂得知甲家具厂没有取得注册商标,更无顾忌,继续进行生产。
问题:
(1) 商标局驳回甲家具厂的商标注册申请是否正确,为什么
(2) 甲家具厂可否申请复议,为什么
(3) 甲家具厂向工商行政管理机关提出的保护权益请求是否应予受理,为什么
(4) 乙木材厂在甲家具厂的商标注册申请被驳回后是否可以继续生产带有该种商标的产品为什么

答案

参考答案:(1) 驳回甲家具厂的商标注册申请是正确的。根据《商标法》的规定:县级以上行政区划的地名或者公众知晓的外国地名,不得作为商标,已经注册使用的地名商标有效。“广州”牌显然是违反这一条规定的。
(2) 甲家具厂不可以申请复议。根据《商标法》的规定,对驳回申请、不予公告的商标,申请人不服的,可以在收到通知15日内申请复审,由商标评审委员会做出终局决定。因此,就当事人享有权利方面来说,甲家具厂有权申请复审,但因其超出15日期限,复议申请不予受理。
(3)不予受理。甲家具厂在注册申请未获核准之前,并未取得商标专用权,法律对其商标不予保护,更何况其商标本身就违法,所以工商行政管理部门对甲家具厂的请求不予受理。
(4)不可以。甲家具厂的注册商标申请被驳回后,虽然甲家具厂未取得商标专用权,但由于该商标本身违法,不仅甲家具厂不得继续使用,乙木材厂继续使用也是违法的。

选择题
完形填空
完形填空(共20小题;每小题1分,满分20分)
请认真阅读下面短文,从短文后各题所给的A、B、C、D四个选项中,选出最佳选项,并在答题卡上将该项涂黑。
A Woman and a Fork
There was a young woman was diagnosed with a terminal illness and could only live three months. So as she was getting her things "in order," she   36  her Rabbi (法师)and had him  come to her house to   37  certain aspects of her final wishes.
She told him which songs she wanted sung at the   38 , what scriptures she would like read, and what outfit she wanted to be buried in.
Everything was in order and the Rabbi was preparing to leave   39  the young woman suddenly remembered something very important to her.
"There's one more thing," she said   40 . "What' that?" "This is very important, I want to be buried with a fork in my right hand."
The Rabbi stood looking at the young woman, not knowing quite what to say.
“That surprises you, doesn't it?” the young woman asked. "Well, to be honest, I'm   41  by the request," said the Rabbi.
The young woman   42 . “My grandmother once told me this story, and from then on, I have always done so. I have also, always tried to pass along its message to those I love and those who are in need of   43 
In all my years of attending socials and dinners, I always remember that when the dishes of the main   44 were being cleared, someone would inevitably lean over and say, 'Keep your fork.' It was my favorite part   45  I knew that something better was coming...like velvety chocolate cake or deep-dish apple pie…”
So, I just want people to see me there in that casket(棺材)with a fork in my hand and I want them to   46 "What's with the fork?"  47  I want you to tell them: "Keep your fork…the best is yet to come."
The Rabbi's eyes were   48  up with tears of joy as he hugged the young woman good-bye. He knew this would be one of the last times he would see her before her death. But he also knew that the young woman had a better grasp of   49  than he did. She had a better grasp of   50 heaven would be like than many people twice her age, with twice as much experience and knowledge.
She knew that something better was coming. At the funeral people were walking by the young woman's casket and they saw the cloak she was wearing and the fork   51  in her right  hand. Over and over, the Rabbi heard the question "What's with the fork?" And over and over he   52 .
During his message, the Rabbi told the people of the   53  he had with the young woman shortly before she died. He also told them about the fork and what it symbolized to   54 . The Rabbi told the people how he could not stop thinking about the   55  and told them that they probably would not be able to stop thinking about it either.
He was right. So the next time you reach down for your fork, let it remind you ever so gently, that the best is yet to come.
小题1:.
A.contracted B.contacted C.attractedD.attached
小题2:
A.talkB.identifyC.recognizeD.discuss
小题3:
A.assemblyB.partyC.conferenceD.service
小题4:
A.before B.asC.whenD.then
小题5:
A.excitedly B.regretfullyC.angrilyD.breathlessly
小题6:
A.surprisedB.astonishedC.depressedD.puzzled
小题7:
A.explained B.introducedC.admittedD.hesitated
小题8:
A.praiseB.honorC.encouragement D.comfort
小题9:
A.mealB.course C.foodD.cause
小题10:
A.soB.andC.yetD.because
小题11:
A.wonder B.questionC.enquireD.say
小题12:
A.LaterB.AfterwardsC.FinallyD.Then
小题13:
A.fullB.filled C.fedD.flowed
小题14:
A.lifeB.funeralC.forkD.heaven
小题15:
A.howB.whereC.what D.which
小题16:
A.placed B.graspedC.heldD.caught
小题17:
A.sobbedB.criedC.smiled D.laughed
小题18:
A.agreementB.conclusionC.argumentD.conversation
小题19:
A.her B.himC.themD.people
小题20:
A.womanB.funeralC.incidentD.fork