How to use trademarks? How to use trademarks

1. In the process of using the trademark, the trademark registrant cannot change any logo of the trademark at will, and the pattern, text or combination of the trademark cannot be modified. The combined trademark should be used as it was at the time of application, and should not be disassembled or changed at will.

2. If the registered trademark is a figurative trademark, the trademark certificate is black and white, and other colors can be changed in the process of use, and if the registered trademark is color, then it must be the corresponding color in the process of use.

3. The Trademark Law clearly stipulates that a trademark registrant needs to change its name, address, or deleted products. If you have not changed your trademark address after changing your office location, your trademark may be revoked if someone files a trademark complaint.

4. A registered trademark should be used within the prescribed scope, and it is a trademark violation not to use it within the prescribed scope. If your trademark is used in the category of unregistered trademarks, it is beyond the scope of use and you will be penalized.

5. After successful registration, the trademark is generally marked with the R mark in the upper right corner of the trademark, indicating that the trademark is already a registered trademark. Strictly speaking, it is incorrect to mark the R mark before the trademark has been officially registered, and it will be corrected at least and punished at worst.

We remind you that you first need to apply for a trademark, and after the application is approved, we can use the trademark on the product or service for publicity.

Legal Analysis: There are broad and narrow senses of fair use of trademarks. Fair use of a trademark in a broad sense refers to the lawful factual act of using the trademark of the right holder for a legitimate purpose without the permission of the judgment.

This act is not considered an infringement. However, the fair use of trademarks that people usually refer to is mainly commercial use, which is the fair use of trademarks in the narrow sense.

The trademark owner is given the right to actively use the trademark, and at the same time gives it the right to exclude others from infringing on its trademark right, but this exclusive right is not unlimited, and the scope of the exclusion of the trademark should be limited to prohibiting others from using the goods to identify the goods, and cannot prohibit the use of other aspects. This is the restriction of the right of use, i.e., fair use of the trademark.

Trademark license is the act of the owner of a registered trademark licensing part or all of the right to use a registered trademark to others in accordance with the law. 2. Freezing and pledging of trademark licenses and exclusive rights to use trademarks. 3. It is recommended that the Trademark Law be amended to make clear provisions on the licensing of trademarks, the pledge and freezing of trademark rights, so as to efficiently enforce the law, reduce disputes, and guide the parties to perform and exercise their obligations and rights in accordance with the law.

Legal basis: Article 9 of the Trademark Law of the People's Republic of China shall have distinctive features and be easy to identify, and shall not conflict with the prior legal rights of others.

The trademark registrant has the right to mark the "registered trademark" or the registered mark.

Answer: The form of trademark useArticle 3 of China's Regulations on the Implementers of the Zen Trademark Law stipulates the form of trademark use in the form of enumeration, mainly including: Shouwei (1) the use of a trademark on goods, commodity packaging or containersThe use of a trademark on goods, commodity packaging or containers refers to the use of a trademark attached to a commodity, commodity packaging or container by means of direct affixing, engraving, branding or weaving.

The so-called packaging refers to the auxiliary materials used on the goods to identify the goods and facilitate carrying, storage and transportation, and the container is also a kind of packaging. For example, if a counterfeiter fills a drink in a bottle and labels it "Coca-Cola"; Weave a "crocodile graphic" mark on the shirt. (2) Although the trademark cannot be physically attached to the goods when displaying or exhibiting, if it is associated with the goods in a certain way, it is sufficient for the general public to think that the trademark plays a role in distinguishing the goods, it has constituted the use of the trademark.

For example, the use of trademarks when displaying or exhibiting goods; The place or counter where the ** product is represented by a specific trademark, but the product sold is not ** using the trademark or the trademark of the product sold does not match the trademark. The purpose of this type of trademark is to borrow someone else's trademark to market one's own products, but it does not attach the trademark directly to the goods. (3) The use of a trademark in transaction documents or advertising, and the use of a trademark in commercial documents such as transaction documents and advertising constitute trademark use.

The so-called transaction documents include contracts, business letterheads, envelopes, invoices, price lists, etc. The so-called advertising refers to a form of directly or indirectly introducing the goods produced or sold or the services provided by oneself through certain media and forms, and the advertising media includes written materials such as newspapers and periodicals, posters, and audio-visual materials such as radio, television, and the Internet.