问题 单项选择题

个体经营户王小小从事理发服务业,使用“一剪没”作为未注册商标长期使用,享有较高声誉。王小小通过签订书面合同许可其同一城区的表妹张薇薇使用“一剪没”商标从事理发业务。后张薇薇以自己的名义申请“一剪没”商标使用于理发业务并获得注册。下列哪一说法是正确的?()

A.该商标使用许可合同自双方签字之日起生效 

B.该商标使用许可合同应当报商标局备案 

C.王小小有权自“一剪没”注册之日起5年内请求商标评审委员会撤销该注册商标 

D.王小小有权自“一剪没”注册之日起5年内请求商标局撤销该注册商标

答案

参考答案:C

解析:

[考点] 商标权

所谓合同的成立,是指订约当事人经由要约、承诺,就合同的主要条款达成合意,即双方当事人意思表示一致而建立了合同关系,表明了合同订立过程的完结。在大多数情况下,合同成立时即具备了生效的要件,因而其成立和生效时间是一致的。《合同法》第44条第l款规定:“依法成立的合同,自成立时生效。”但是合同成立并不等于合同生效。本题中双方在合同书中签字,并不一定意味着该合同必然生效,还要看是否符合合同的生效要件。所以,A选项错误。《最高人民法院关于审理商标民事纠纷案件适用法律若干问题的解释》第19条规定“商标使用许可合同未经备案的,不影响该许可合同的效力,但当事人另有约定的除外。商标使用许可合同未在商标局备案的,不得对抗善意第三人。”所以,B项错误。《商标法》第41条规定,已经注册的商标,侵害他人先前所有的商标时,自商标注册之日起5年内,商标所有人或者利害关系人可以请求商标评审委员会裁定撤销该注册商标。对恶意注册的,驰名商标所有人不受5年的时间限制。本案的“一剪没”被王小小长期使用,具有较高声誉,王小小可以自“一剪没”注册之日起5年内请求商标评审委员会撤销张薇薇抢先注册的商标。

阅读理解

While staying with a family, I found their teenage son, David, aged 16, didn’t share his true feelings with his parents. If his parents were present when I asked him how he felt about things, he would look down or away or say something unrelated such as, "Today, I will go out. "or "Okay, I guess. "However, when we were alone he would open up and tell me how he felt. For example, while sitting at the dinner table, I asked him how he felt about his history class and the teacher. He thought for a moment but said nothing. I thought he was afraid to answer in front of his parents, so later I asked him again in private. He said, "On a scale (级别) of 0-10, it is a big fat zero. He is the most boring teacher I have ever had. "I asked him why he didn’t tell me this earlier. He said it was because his parents didn’t want to hear that. They just wanted to hear that everything was wonderful and they always told him to stop complaining.

This made me think a lot. My belief is that children are born with the desire to share feelings. I also believe they are born with perfect emotional honesty. Unfortunately, such valuable things are disappearing gradually. It really is a great loss, which I believe, will negatively affect both the children’s ability to know about themselves and their success in future relationships.

I see the situation as a missed opportunity, an opportunity for parents to get closer to their children, an opportunity to understand their children and to help them feel understood; however, communication gaps (分歧) have been made. Parents are more interested in "correcting" their children’s ways of expressing themselves than in getting to know their children.

70. We can know from the passage that _________.

A. David is not good at talking  B. David likes showing his true feelings in public

C. David hates his parents      D. David dislikes his history teacher

71. According to the author, children who don’t show their true feelings ____________.

A. won’t succeed in their future careers

B. will not have good relationship with their parents

C. won’t have clear ideas of themselves

D. will have no difficulty getting along with others

72. The author thinks that parents should ____________.

A. stop complaining about their children

B. try to understand their children’s true feelings

C. find more ways to communicate with their children

D. correct their children’s ways of communication

单项选择题