1. How to understand the trademark registration mark?
Registration approved For a trademark, the words "registered trademark" should be printed on the trademark, which is called a registered mark. Unregistered trademarks are not allowed to use registered marks. When it comes to trademarks for exported goods, it should be noted that trademarks that are not registered in the country cannot be marked with ?, otherwise the exported goods will become counterfeit registered trademarks when they arrive in the country. Usually they appear in the upper right corner or lower right corner of some logos. "TM" indicates that the logo is used as a trademark, while "?" indicates that the logo is already a registered trademark and enjoys exclusive rights to trademarks.
2. Meaning of use
First, in business In the business process, the use of trademarks involves all aspects related to the manufacturing of goods to the sale of goods, including the provision of raw materials, the production of labels, product processing, selection and other initial stages of making products, as well as the repackaging of goods ( Modification), warehousing, transportation, sales, etc. realize the forming stage of transforming products into commodities.
Second, in terms of trademark expression, the use of trademarks not only refers to directly marking or affixing trademarks on goods or product packaging, but also includes selling products for sale. Items used in necessary and auxiliary trading activities for goods, such as contracts, account books, commodity transaction documents, etc., and also includes all efforts made to promote goods, such as product advertising and product displays.
Third, the use of a trademark includes not only the real use of the trademark registrant himself, but also This includes authorizing others to use the trademark through trademark licensing, etc., that is, if others are authorized to use the registrant's trademark, it will be regarded as the trademark registrant's own use.
Fourth, the trademark user’s use of the trademark should be commercial use. Commercial use includes not only commercial operationsProfitable behaviors in trademark also include non-profit behaviors done to establish the image of the trademark and the image of the company closely related to the trademark, such as social welfare activities named after the trademark, such as knowledge competitions, artistic performances, sports competitions, etc. wait. Among the above forms of trademark use, whether the act of announcing the registration status of one's trademark through public means such as media announcements for the sole purpose of maintaining one's own trademark is regarded as commercial use of the trademark. Proposing commercial use of a trademark actually challenges defensive trademark registration. Generally speaking, defensive registered trademarks will not be actually used by the trademark registrant on the approved goods. It is a passive protection method for the exclusive rights of the trademark on the main goods, that is, purely defensive registration. Such an approach is often difficult to prevent. In most cases, there will be no actual confusion on the approved goods. It also causes a waste of trademark resources and brings huge material and mental burdens to registrants.
3. Usage Behavior
Correctly understand trademarks and their The use of registered marks
Trademarks are mainly distinctive signs of goods or services, and the use of trademarks is fundamental to the role of trademarks. Therefore, using trademarks in various ways is the ultimate goal of tapping potential product markets, attracting consumers, and realizing product value. my country's trademark law has made some provisions on the use of trademarks.
The use of trademarks as referred to in the Trademark Law and these Regulations includes using trademarks on commodities, commodity packaging or containers, and commodity transaction documents, or using trademarks on In advertising, exhibitions and other commercial activities.
Legal basis: Article 4 of the "Trademark Law" stipulates: "Natural persons, legal persons or other organizations shall If you need to obtain the exclusive right to use a trademark, you should apply to the Trademark Office for product trademark registration."
The law protects the rights of merchants from infringement by others, and the registration of trademark signs The design is to prevent the misuse of trademarks. If the trademark does not have its own owner, the market will become very confusing. There is no way to protect their rights and no one knows who the trademark belongs to. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
