What are the conditions for the use of trademarks
The use of trademarks should meet the following conditions:
First, for the purpose of commercial transactions, directly or indirectly Used in industries that promote goods or services to consumers.
This is because trademarks are the product of market economy. It came into being 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.
For example, when companies use advertising, trade transaction documents The use of trademarks in other aspects is for the purpose of commercial transactions, directly or indirectly promoting goods or services to consumers. The use of trademarks by enterprises in their internal financial statements, statistical data, etc. is not for the purpose of commercial transactions and has no relationship with consumers. This method cannotdeemed to be use of a trademark.
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, different sources Goods or services are the most basic function of a trademark. 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 between consumers and goods or services. They are separated from goods or services. , the trademark will have no existing 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.
For example, in TV advertisements, companies are promoting trademarks At the same time, you can use pictures, words, and language to refer to goods or services. This use is a correct way. Some corporate image advertisements only mention "××" Group" without mentioning goods or services or registered trademarks. Consumers have no way of knowing what goods they sell or what services they provide, and what they get. It is a confusing impression. In the case of enterprise registration in my country, which is managed according to administrative divisions, there may be more than one abbreviation for "××" group, and consumers cannot tell which group in which region this advertisement is from, and cannot recognize it. Use the brand to purchase goods or identify the brand to seek services.
Third, the use of trademarks should be conspicuous and make the Easy for consumers to identify.
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. The position of the trademark makes it seem like a false name. In this case, the trademark has actually lost its basic function of distinguishing the source of different goods. Another situation is to expand the trademark to the entire product and use it as a decoration for the product (especially for graphic trademarks). This situation should be analyzed in detail. 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 kind of use has lost the distinctive characteristics of a trademark; conversely, 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 cans. Exterior decoration is obviously unreasonable and an unfair competition.
In the actual operation process, it is recommended to seek professional advice and ask the professional lawyers of the Legal Savior Network to handle it, so as to safeguard your own and legal rights and interests to the maximum extent and protect your interests from harm. .If you don’t understand something, you can also find relevant legal provisions to solve it.
