问题 单项选择题

商标权权利人是指()。

A.商标设计人 

B.商标制作人 

C.商标使用人 

D.注册商标所有人

答案

参考答案:D

解析:

商标法主要是保护注册商标,注册商标是指经国家主管机关核准注册而使用的商标,注册人依法对其注册商标享有专用权(商标权)。在我国,商标权的取得实行的是注册原则,即商标所有人只有依法将自己的商标注册后,商标注册人才能取得商标权,其商标才能得到法律的保护。未注册商标是指未经核准注册而自行使用的,其商标人不享有法律赋予的专用权。   商标权不包括商标设计人的权利,注重商标所有人的权利,商标设计人的发表权、署名权等人身权在商标的使用中没有反映,它不受商标法保护,商标设计人可以通过其他法律来保护属于自己的权利,如可以将商标设计图案作为美术作品通过著作权法来保护,与产品外观关系密切的商标图案还可以申请外观设计专利通过专利法保护。

选择题
阅读理解

My first reaction was annoyance. It was Friday afternoon, and I was within an hour of finishing my work for the week. As I was leaving, a nurse brought me one more patient message. The statement read: "Mm. Jones called to say that she has had blurred vision (视觉模糊) ever since her medical test this morning." I smiled.  Suddenly our tests were causing eye problems.

This week my patients had questioned everything. My patient with high blood pressure had stopped coming to her treatment on the advice of an Internet chat room. A woman who had a mental problem was substituting (用......代替) St. John’s word for her medication. Now Mrs. Jones was imagining problems. I rolled my eyes.

My second reaction was worry. As I looked through her record, I tried to figure out why she would have blurred vision, but nothing in her record explained the new problem. She’s probably just anxious, I thought. Still, she wouldn't have called if she had been all right. I picked up the phone.

What I next felt can only be described as delight. Before I made the call, the nurse ran in: Mrs. Jones called. Her vision is fine. Turns out she picked up the wrong glasses when she left the office. The X-ray technician has been having the same problem. I let out a laugh. Mrs. Jones had been right. Her vision had been blurred. Now we know why.

Finally I felt shame. I came to realize what Mrs. Jones had taught me. I had first known she was wrong, that her anxiety had clouded hex judgment. Instead, my medical training had clouded mine. Now I feel thankful that Mrs. Jones figured it out before I made a mistake about our relationship. Patients come to me for my help. They pay me to listen, diagnose (诊断), treat and talk. That suggests trust; I must remember that, and trust them too.               

61. The writer smiled while reading the patient message because he knew_____.

A. Mrs. Jones would ask for more tests

B. the patient was being unreasonable

C. the nurse was joking with him

D. Mrs. Jones would call him

62. What has caused Mrs. Jones’ eye problem? 

A. Wrong glasses.         B. Medical checkup.

C. Her own imagination.                  D. Chatting on the Internet.

63. The underlined words "clouded her judgment" in the last paragraph probably mean_______.

A. made her less trustful toward the doctor

B. put her in control of her own feelings

C. made her less able to think clearly

D. put her in a dangerous situation