What conditions should be met for the use of trademarks
The use of trademarks should meet the following conditions :
First, for the purpose of commercial transactions , used in industries that directly or indirectly 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 is no competition and no trademarks ;Without a trademark, competition is out of the question. 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. Goods or services are recognized through different trademarks To distinguish, 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, and different companies operate in different No country has restricted the use of the same trademark on goods or services. In this way, the goods or services designated by the same trademark will also be diverse and diverse. If the trademark can exist independently of the goods or services, it may It has caused trademark disputes among many companies, eventually leading to chaos in the market order.
For example, in TV advertisements, while promoting a trademark, a company can refer to goods or services through pictures, text, and language. This use is a correct way. In some corporate image advertisements, It only mentions "××" Group" without mentioning goods or services, nor what kind of registered trademark. Consumers have no way of knowing what goods it sells or what services it provides, and they get a confused impression. In our country, enterprise registration is managed according to administrative divisions. There may be more than one abbreviation for "××" group, and consumers cannot tell which group in which region the advertisement is from, and cannot recognize the brand to purchase goods or recognize the advertisement. Brand seeking services.
Third, use of trademarks Should be prominent and easily identifiable by consumers.
In actual marketIn 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 appear to be fake. This is 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 (especially graphic trademarks). This situation should be analyzed in detail.
If a graphic trademark is expanded to use in canned drinks On the entire outer wall of the package, consumers cannot see the true face of the trademark clearly from any direction. They can only see one side of the trademark and cannot identify it. This kind of use has lost the distinctive features of the trademark; conversely, if this is the trademark If used, another result will occur: as long as one or a few companies use a few or a dozen graphics as a model, they can basically monopolize the appearance decoration of cans. This is obviously unreasonable and a kind of unfair competition. Behavior.
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