问题 单项选择题

根据商标法律制度的规定,下列情形中,不构成侵犯注册商标专用权的有()

A.甲复制乙注册的驰名商标,在不相同商品上作为商标使用,误导公众、致使乙的利益受到损害

B.丙销售不知道是侵犯乙的注册商标权的商品,且丙证明了该商品是自己合法取得的并说明了商品的提供者

C.未经商标注册人乙同意,丁更换了乙商品上的注册商标并将该更换商标的商品用于个人消费

D.戊擅自制造乙的注册商标标识,并将其卖给第三人庚

答案

参考答案:C

解析:

本题考核侵犯注册商标专用权的情形。根据规定,有下列行为之一的,均属侵犯注册商标专用权:

(1)未经商标注册人的许可,在同一种商品或者类似商品上使用与其注册商标相同或者近似的商标的;

(2)销售侵犯注册商标专用权的商品的;

(3)伪造、擅自制造他人注册商标标识或者销售伪造、擅自制造的注册商标标识的;

(4)未经商标注册人同意,更换其注册商标并将该更换商标的商品又投入市场的;

(5)给他人的注册商标专用权造成其他损害的。因此选项C是“用于个人消费”而非“又投入市场”,不构成侵权。

阅读理解

阅读理解。

                                          The Painting

        A new painting was hanging in the Hemlock Mills Art Gallery. Throughout the day, visitors stood before the new exhibit(展品) and watched to guess what it meant.

        "I think it's a terrifying monster," said a man. "There's no name on it, but I'm sure is was drawn by a famous artist. "

        "I would say that it's a picture of a park as seen from an airplane, "

another man said. "I see many trees and roads. "

        Miss Culture, the local art reporter who worked for "The Hemlock

Weekly News" , said proudly, "This is clearly a masterpiece(杰作) created by an artist who wishes to be not to known to other people. The beautiful lines

of color show a person who is looking back at an exciting lifetime of

success!"

        At that moment, Mr. Lightman, the gallery curator (馆长) , came into the room. "Isn't it great?"he asked with a big smile on his face."My three-year-old son did that this morning. He says it's a maze(迷宫) . I think it's

amazing ! "                                                                   

1. The reason visitors are busy talking about the painting is         .

A. it was painted really beautifully

B. they didn't know what it meant

C. it was painted by a famous artist

D. it was a masterpiece in that time

2. Miss Culture enjoyed the painting a lot _         .

A. because it was from a great artist

B. though it was painted badly

C. because other people didn't understand it

D. but she herself didn't understand it

3. What does"He says it's a maze. I think it's amazing ! "really mean?

A. It's a great painting.

B. It's only a joke.

C. It's just for fun.

D. It's a masterpiece from an artist

单项选择题