What are the circumstances under which the use of a trademark is illegal
Trademark is an intangible asset. In the process of using the trademark , in addition to prohibiting others from using the trademark without authorization, the trademark owner cannot do whatever they want with the trademark. Once used improperly, it will be deemed as illegal use of the trademark.
According to legal provisions, the trademark owner must When using trademarks, you should avoid improper use. Use of trademarks is illegal:
1. The act of changing the text, graphics, color or combination of the registered trademark but still adding the registered trademark mark.
2. After the trademark registration expires, the original registration The act of a person continuing to use a registered trademark mark without applying for renewal.
3. Improper use of trademarks in advertising. As in the sloganAmong them, the act of using other people's trademarks to increase the popularity of one's own trademarks or using one's own trademarks to disparage other people's trademarks.
4. Registered trademarks with purely visual meaning (such as Panda graphic trademark), the act of confusing a registered trademark with a purely auditory meaning (such as a panda word trademark) in actual use, or a registered trademark with a purely auditory meaning (such as a bear graphic trademark) that confuses a registered trademark with a purely visual meaning in actual use trademark and cause misunderstanding among consumers.
5. Irregular use of combined trademarks. Combination trademark use is the behavior of a trademark registrant using two or more registered trademarks on the same product.
According to the provisions of China’s Trademark Law, the following marks shall not be used as Trademark use:
1. Same as the People's Republic of China The name of the country, national flag, national emblem, military flag or medal is the same or similar, as well as the name of a specific place where the central state agency is located or the name or figure of a landmark building;
2. The same or similar name, national flag, national emblem, or military flag of a foreign country, but the government of that country agrees Except;
3. Same as intergovernmental international organizations The name, flag or emblem of the organization is the same or similar, except with the consent of the organization or if it is not likely to mislead the public;
4. Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;
5. The same or similar name or symbol as "Red Cross" or "Red Crescent";
6. Ethnically discriminatory;
7. Exaggerated and deceptive propaganda;
8. It is harmful to socialist morals or has Other adverse effects.
The trademark belongs to an enterprise Important signs, in practice, require businesses to use trademarks legally. If you are not sure whether the changes you make to the trademark are legal, it is recommended to find a professional intellectual property lawyer to handle it.
The above is the relevant knowledge compiled by the editor for everyone. If your situation is more complicated, the Legal Savior Network also provides lawyers online Consulting services, you are welcome to provide legal consultation.
