How to use a trademark to be considered a correct and effective use of a registered trademark

How is the use of a Trademark considered to be a correct and effective use of a registered trademark? What evidence is evidence of valid use of a trademark? In particular, the large-scale emergence of e-commerce has caused great changes in the use of trademarks. How to define such evidence? For details and legal savior network editor, please read below to understand.

How to use a trademark to be considered a correct use of a registered trademark

First of all, a trademark should be used in the products or services of the category to which it belongs; secondly, the constituent elements of the trademark cannot be changed or split without authorization during the use of the trademark; thirdly, when authorizing others to use the trademark, a trademark license filing is required. In addition, the use of trademarks must comply with laws and regulations.

1. Domestic registration regulations

"China Paragraph 2 of Article 29 of the Implementing Rules of the Trademark Law of the People's Republic of China stipulates: "The use of trademarks referred to in the preceding paragraph includes the use of trademarks on commodities, commodity packaging or containers and commodity transaction documents, or the use of trademarks for advertising , exhibitions and other business activities." Looking at the laws of various countries around the world, there are not many legal provisions that clearly stipulate what the use of trademarks is. Most countries generally identify use evidence on a case-by-case basis in practice.

2. Several common types of Evidence of trademark use

1. Large-scale advertising of a trademark is direct and strong evidence of the use of the trademark.

2. License others to use a trademark, and the licensee’s use shall be deemed as use of the trademark, but the registrant shall provide the above-mentioned proof of use and use of the trademark to the Trademark Office Licensing Contract.

3. Attaching a trademark to goods or their packaging or wrapping in the country solely for the purpose of export will also be regarded as the use of the trademark in the country. .

3. Use of service trademarks

Due to the industry region served Strong sex, poor liquidity, and intangible, leading toThe use of service marks is different from the use of product trademarks, and sometimes it is not as intuitively reflected as product trademarks. Therefore, the use of service trademarks is mainly reflected in the use of service trademarks in advertising, service tools, service venues, signboards, service public relations supplies, account books with service trademarks, invoices, contracts, service personnel's clothing, etc.

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