1. What matters need to be paid attention to when using trademarks
1. (1) First of all, a successfully registered trademark complies with relevant trademark laws. While enjoying the protection of trademark laws, it must also comply with certain obligations;
(2) Trademark registrant Any logo of the trademark cannot be changed at will. The pattern, text or combination of the trademark cannot be modified. Furthermore, the trademark registrant cannot change the name, address or other matters of note of the registered trademark registrant without permission;
(3) After a trademark has been used for a period of time, you can apply to the relevant department for change. The Trademark Law clearly stipulates that the trademark registrant changes his name, address, or deletes the trademark. All products specified can be changed. If the text and graphics of the trademark are modified, a new trademark registration application is required. In this case, it cannot be a trademark change;
(4) After the trademark registration is successful, the trademark registrant will have the obligation to use the trademark. If a registered trademark is not used for three consecutive years without justifiable reasons from the date of approval, the trademark will be revoked in accordance with the law;
(5) Trademark owner You have the right to license your trademark to others, but you must go through a proper licensing contract before you can license it to others. The person who is licensed to use the trademark shall register it and submit the registration materials to the Trademark Office within the limited period of the license contract. and be announced by the Trademark Office. Trademark use licenses without registration may not be used against bona fide third parties. The licensee shall ensure the quality of the goods using the registered trademark and must indicate the name of the licensee and the origin of the goods on the goods using the registered trademark;
( 6) If a registered trademark is not used within the specified scope of goods or services, it is a counterfeit registered trademark and a trademark violation;
(7) The registered trademark is an intangible asset belonging to the company, and the asset evaluation of the trademark can be carried out;
(8) The trademark owner can also transfer the trademark to others for use. The transferor and the transferee should sign a written agreement and jointly file an application with the Trademark Office. The transferee shall guarantee the goods using the registered trademark;
(9) The trademark owner can pledge the trademark, and the pledgor and the pledgee It is also necessary to sign a written pledge contract, and jointly submit an application for pledge registration to the Trademark Office, and the Trademark Office will make an announcement;
(10) It is possible to register a trademark For renewal, usually the validity period of a registered trademark is ten years, starting from the date of trademark approval. If the trademark needs to continue to be used after the validity period expires, the trademark owner needs to follow the prescribed procedures and apply for the trademark twelve months before the expiration date. If the renewal cannot be processed in time during this period, the application is allowed within the six-month extension period. The validity period of each renewal registration of a trademark is also ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled. The Trademark Office will announce the renewed registered trademark again.
2. Legal basis: "Trademark Law of the People's Republic of China"
Article 7 Application The registration and use of trademarks should follow the principle of good faith.
Trademark users shall be responsible for the quality of the goods on which their trademarks are used. Industrial and commercial administrative departments at all levels should use trademark management to prevent behaviors that deceive consumers.
Article 30: Any trademark applied for registration that does not comply with the relevant provisions of this Law or has been registered or preliminarily approved with others on the same or similar goods If the trademarks are identical or similar, the Trademark Office will reject the application and will not publish it.
2. What are the ways to use trademarks
(1) Use the trademark on goods. That is to use the trademark directly on the goods.
For example, some automobile manufacturing companies make registered trademarks and inlay them on the front and trunk of the car.and other parts. 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 on the packaging of goods.
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 trademarks in advertising.
That is, using 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 exhibitions.
That is, using the trademark in the exhibition. For example, at a trade fair for a certain type of product, use the trademark directly on the company's trade fair, etc.
(7) Use the trademark in other commercial activities.
That is, using the trademark in other commercial activities other than the above situations. For example, in a certain TV series, a certain company provides sponsorship and uses the company's trademark in the TV series; another example is that a company holds a reception and places a specially produced registered trademark of the company at the reception, etc.
From the perspective of the purpose of trademark use, it is to "identify the source of goods." That is, by using a trademark, others can know where the product comes from or what company it comes from. In other words, through the use of a trademark, others can know which company produces the goods or what the company does. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.