What is the interpretation of Article 48 of the Trademark Law?
"Trademark Law" Article 48 The use of trademarks as mentioned in this law refers to the use of trademarks on goods, product packaging or containers and The act of using trademarks on commodity transaction documents or in advertising, exhibitions, and other commercial activities to identify the source of goods.
[Interpretation] This article is a regulation on the use of trademarks .
The so-called use, according to the understanding of modern Chinese, is Instructing people, objects, funds, etc. to serve a certain purpose. According to the provisions of this article, the so-called use of trademarks refers to the use of trademarks on commodities, commodity packaging or containers, and commodity transaction documents, or the use of trademarks in advertising, exhibitions, and other commercial activities to identify the source of commodities. . Accordingly, the use of trademarks can be understood from the following two aspects:
1. About businessHow to use the target. In terms of how the trademark is used, it includes the following seven specific forms:
(1) Use the trademark on goods. That is to use the trademark directly on the goods. For example, some automobile manufacturing companies produce registered trademarks and inlay them on the front, trunk and other parts of the car. Another example is that some computer manufacturing companies produce registered trademarks first and then embed them on computer monitors, mainframes, etc. Although the use of trademarks on goods does not involve the use efficiency of the goods, the trademark has become an integral part of the goods from an overall and aesthetic point of view. This is a relatively common way of using trademarks, especially on some electrical appliances, electronics, clothing, machinery, etc.
(2) Use trademarks for packaging of goods superior. That is, using a trademark on the packaging of goods. In real life, some commodities, such as food and medicine, require certain packaging. Using trademarks on the packaging of goods, such as printing trademarks on packaging, is also a common way of using trademarks.
(3) Use the trademark on the container. That is, using the trademark on the container of the product. In real life, some products, such as wine, oil and other products that appear in liquid form, require certain containers. Using trademarks on the containers of goods, such as printing trademarks on wine bottles, is also a common way of using trademarks.
(4) Use trademarks on transaction documents . That is, using the trademark on transaction documents such as contract text. For example, some companies print their trademarks directly on the letter of intent for a contract, the official text of the contract, etc. This method of trademark use is mainly used by some foreign-funded enterprises and some domestic enterprises with considerable business scale or relatively advantageous position, and are usually one of the parties providing the standard contract text.
(5) Use the trademark in advertising. That is, use the trademark in advertising. For example, in the advertising videos produced by some companies, the company's trademark appears repeatedly . Another example is that some companies use trademarks on printed materials such as corporate growth history or product introductions. This is also a relatively common way of using trademarks.
(6) Use the trademark in an exhibition. That is, use the trademark in an exhibition. For example, at a trade fair for certain types of products , use trademarks, etc. directly on the company's exhibition booth.
(7) Use the trademark in other commercial activities. That is, use the trademark in other commercial activities other than the above situations. For example, in a certain TV series, a company provides sponsorship and uses the trademark in the TV series. Another example is that a company holds a reception and places a specially made registered trademark of the company at the reception.
2. Regarding the purpose of using trademarks. From the perspective of the purpose of using trademarks, it is to "identify the source of goods." That is, through the use of trademarks, others can understand the source of the goods. Where it comes from or what company it comes from. In other words, through the use of a trademark, others can know which company the product is manufactured by, or what the company does.
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