What issues should be paid attention to when using trademarks
1. Use trademarks in accordance with the law, The trademark shall not be used in violation of the provisions of trademark laws and regulations, the registered trademark shall not be changed at will, and the registered trademark shall not be used beyond the scope of goods (services).
2. Proper use of trademarks: The purpose of such use is to prevent trademarks from evolving into common names, especially suggestive trademarks and made-up words. Pay more attention to at this point.
1) Use the common name of the product together with its trademark.
(2) Notice of use of trademarks.
(3) Use the trademark in a special font.
(4) Use the trademark with correct grammar.
3. Prominently use the trademark: meaning to use the trademark Putting it in a prominent position on the packaging or logo. At present, many companies do not pay attention to this aspect. Designing the trademark to be very small and placing it in an inconspicuous position is actually in vain.
4. After the trademark is successfully registered, you need to use the trademark for a long time. Building the reputation of the trademark is a relatively long process. After choosing a good trademark, you need to persist in it. Use this trademark and change it as often as possible. Especially when the corporate trademark has a certain influence, you need to continue to use it without changing the words, colors, and patterns.
5. Treat trademark licensing with caution
The trademark licensing system is conducive to the promotion of new technologies , meet market demand and promote economic development. For the licensor, not only can they charge trademark usage fees, but more importantly, they can expand their own trademarks.With its popularity, you can use the power of others to help you occupy those markets that you have no time to consider or are not suitable to enter immediately. For the licensee, it is conducive to the introduction of advanced production technology and production processes, and improves the company's product quality management level. But there are downsides to both sides. If the quality of Licensee's products does not meet the quality level of Licensor's products, it will damage the reputation of Licensor's trademark. For the licensee, using other people's trademarks, living under the protection of others, and being controlled by others for a long time is detrimental to the long-term development of the enterprise. Therefore, when companies sign a trademark license contract, they must consider it comprehensively, weigh the pros and cons, and treat it with caution.
According to many years of trademark judicial practice in my country, companies and individuals currently need to pay attention to two points during the trademark infringement litigation process:
1. Among trademark infringement litigants, if the defendant believes that the plaintiff’s registered trademark is defective during the authorization process, or that the plaintiff’s registered trademark should be revoked, then the defendant You may request the court that has accepted the infringement case to terminate the hearing of the infringement case.
There are many reasons for a trademark to be revoked. For example, a trademark that should not be used as a trademark is registered, or the trademark registration infringes on the legitimate prior rights of others. Or preemptively register a trademark that has been used by others and has certain influence.
If an individual or company, as a defendant, believes that the plaintiff’s trademark should be revoked, they can request the court to terminate the trademark infringement lawsuit during their defense. At the same time, they should Request to the Trademark Review and Adjudication Board to cancel the plaintiff’s registered trademark.
2. In a trademark infringement lawsuit, another defense for the accused infringer is fair use.
Relevant provisions of the "Trademark Law", if the registered trademark contains the common name, graphics, model of the product, or directly indicates the quality, main raw materials, Weight, quantity, etc. cannot be used exclusively by the person who registers the trademark. In this case, if the alleged infringer uses these elements in the packaging and decoration of his own products, it is a fair use and the actions of the alleged infringer do not constitute infringement.
There are other issues that should be paid attention to in infringement litigation. For example, in an infringement lawsuit, the accused infringer can use the prior rights defense. For example, if an operator uses an unregistered trademark and becomes a defendant, and the plaintiff's trademark is registered and accuses the defendant of infringement, the alleged infringer can claim that he was exercising prior rights.
What should you pay attention to when using a trademark? If you don’t know the specific precautions when using a trademark, you may cause yourself various troubles and you will eventually have to bear the responsibility. legal liability. If you are unable to fully understand more related precautions in trademark use, please consult a lawyer on the Legal Savior Network website to learn more.
