How should enterprises use trademarks and what should be paid attention to when using trademarks
1. How companies should use trademarks
First, companies should place their registered trademarks in a prominent position
Second, the use of registered trademarks is stable
Third, the use of registered trademarks is flexible
Fourth, ensure the quality of the goods
Fifth, use in strict accordance with the provisions of trademark legislation Registered trademark
2. Trademark use process What to pay attention to
First, it is used in industries that directly or indirectly promote goods or services to consumers for the purpose of commercial transactions. . This is because trademarks are products of the market economy and emerged due to the objective needs of commodity competition. The basic characteristic of a market economy is fair competition for goods or services in market transactions. Trademarks are an important means of competition. Goods or services enter market competition with the help of trademarks. Without transactions, there would be no competition, and there would be no trademarks; without trademarks, there would be no competition. Trademarks cannot exist independently of market competition, and market competition cannot exist without trademarks. The two are cause and effect for each other. The purpose of market competition is to promote goods or services to consumers through various direct or indirect methods and increase the market share of goods or services.
Second, a trademark cannot exist independently of goods or services, but should be combined with specific goods or services. This is because, on the one hand, distinguishing goods or services from different sources is the most basic function of a trademark.Yes, goods or services can be distinguished through different trademarks. Consumers use trademarks to understand the goods or services of different companies. Trademarks are a bridge that connects consumers with goods or services. Without goods or services, trademarks have no value. . On the other hand, goods or services come in all shapes and sizes. Countries do not impose restrictions on the use of the same trademark by different companies on different goods or services. In this way, the goods or services designated by the same trademark will also be in various forms. , various kinds. If a trademark can exist independently from goods or services, it may cause trademark disputes among many companies, eventually leading to chaos in the market order.
Third, the use of trademarks should be prominent so that consumers can easily identify it. In actual market sales, there are two situations. One is to place the trademark in a very small position so that consumers cannot see it clearly, and the other is to place the alias, decoration, etc. of the goods or services in a prominent position, causing the trademark to look like In this case, the trademark has actually lost its basic function of distinguishing the source of different goods. Another situation is to extend the trademark to the entire product and use it as a decoration for the product. This situation should be analyzed in detail. For example, if a graphic trademark is enlarged and used on the entire outer wall of a canned beverage package, consumers will not be able to see the true face of the trademark from any direction. They can only see one side of the trademark and cannot identify it. This use has lost the distinctiveness of the trademark. On the other hand, if this is the use of a trademark, it will produce another result: as long as one or a few companies use a few or a dozen graphics as a trademark, they can basically monopolize the appearance decoration of cans, which is obviously unfair. Reasonable, it is an act of unfair competition.
The above mentioned are all related to the use of trademarks. From them we can understand that as the use of trademarks increases, the use of chaos also increases. Therefore, companies should pay more attention when using trademarks to avoid disputes over trademarks. If you encounter any more complex legal issues, our Legal Savior Network will provide you with legal consulting services. Welcome to consult.
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