What are the restrictions on fair use of trademark rights?
Measure a method in judicial practice Whether the behavior falls within the scope of fair use of trademark rights not only needs to be specifically and clearly defined, but also should be subject to the following restrictions:
(1) The purpose of use is legitimacy. Judging whether a behavior is justified should combine the subjective and objective aspects of the behavior in specific practice. When product producers use other people's trademarks, they must indicate that the nature, quality, origin, main raw materials and other characteristics of the product are used to describe the nature, quality, origin, main raw materials and other characteristics of the product, rather than being used as a trademark, nor should it be connected in any way with the trademark right to cause confusion among consumers. misunderstanding. Objectively, it does not harm the legitimate rights and interests of the trademark owner, follows the normal order of the market economy, and is a legitimate method of market competition.
(2) The use is done in good faith. Whether a manufacturer or operator uses the trademark in good faith usually depends on whether the purpose of using the trademark is to engage in unfair commercial competition with the trademark owner. For example, "This use must be a legitimate and honest use that is only used to describe the goods or services of the party. In practice, some producers and operators place other people's trademarks in a prominent position on their own goods or services, and use their own trademarks Shrinking or placing it in an inconspicuous place to cause consumers to misunderstand is not considered fair use and constitutes trademark infringement.
(3) The consequences of use are generally not Will cause confusion. Users who use other people’s trademarks in good faith and not for the purpose of unfair competition will generally not misunderstand consumers or confuse them with trademark-rights goods. When using other people’s trademarks, producers and operators should try to minimize If it is related to the exclusive right of a trademark, the possibility of confusion with the trademarked goods or services cannot be ruled out. If this cannot be ruled out, every effort should be made to minimize the possibility of confusion to prevent infringement of the trademark owner's trademark and not to cause confusion. Consumer misunderstandings hinder the healthy and stable development of the market economy.
With the continuous development of the market economy, my country's relevant laws have increasingly clear provisions on the system of reasonable use of trademark rights, which has laid a good foundation for better safeguarding the interests of trademark owners. So if you still have any doubts about this issue, the Legal Savior Network also provides online lawyer consultation services. You are welcome to come for legal consultation.
