What are the misunderstandings about trademark use?

Trademarks are important intellectual property rights and intangible assets of enterprises, which have been accepted by more and more enterprises. Enterprises began to pay attention to trademarks and use trademark strategies and tactics to develop and occupy the market. What are the misunderstandings about trademark use? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled relevant content. I hope it will be helpful to you.

What are the misunderstandings about trademark use

One ​​of the misunderstandings: the trademark is used too small and the trademark has lost its significance. Has distinctive characteristics.

This is a common trademark used by many companies. A common problem is that after a company registers a trademark, when using it, the trademark is placed in a very small position, while the name, decoration and other parts of the product are placed in a very obvious position. This situation is particularly prominent in wine, beverages, and pharmaceutical products.

The direct consequences of this use are: In market sales, consumers only recognize nicknames and product names, but do not recognize trademarks. The role of trademarks is diluted, which ultimately prevents the company's own rights and interests from being effectively protected and affects the company's economic benefits. In the packaging of the entire product, only the registered trademark enjoys exclusive rights and is protected by law. The user does not enjoy exclusive rights in other parts such as product name and decoration, and others can use it at will under certain conditions. The mentality of "shopping by brand" makes it easy for consumers to choose to buy items with a resounding "brand" and good quality.

When the trademark is used specifically, the trademark should be highlighted and displayed in a prominent position on the product packaging, so that the packaging of the product is centered on the trademark, and the product decoration is only used as a foil. At the same time, Unify the trademark and product name and eliminate the use of aliases.

Misunderstanding 2: Using a trademark too large will cause it to lose the distinctive features that a trademark should have under certain conditions.

This method of use mostly occurs in some companies with strong trademark awareness, especially in the use of graphic trademarks. The specific manifestation is that the company enlarges the trademark to Used on the entire product packaging. When consumers cannot see all of the trademark from any side and can only see part of the trademark, consumers will not regard it as a trademark, but as decoration of the product. In this way, the trademark It loses its distinctive characteristics.

Cause There are many reasons for the use of this kind of trademark, but there are mainly two types. First, some companies believe that the larger the trademark, the more conspicuous it is. They mistakenly believe that "conspicuousness means bigness" in order to prevent others from counterfeiting. The trademark is used so large that it loses its distinctive features; the second is misleading public opinion. Due to the weak trademark awareness of Chinese enterprises, trademarks are generally used in smaller sizes. Therefore, when promoting trademarks, various media remind enterprises to The trademark should be used larger, with the trademark as the center, and the trademark should be highlighted, while the use of unpublicized trademarks should focus on conspicuity.

The focus of trademark use should be to consider the distinctiveness of the trademark, so that consumers can recognize it. If the trademark is too small, consumers will not recognize the trademark, and the trademark will Loss of distinctiveness. On the contrary, if the trademark is used too large, when consumers cannot recognize the trademark from one direction, the trademark will lose its distinctiveness. The trademark cannot be used too small, nor can it be blindly pursued to be large. Consumers should be allowed to start from a certain direction. The shape of the trademark—the outer outline and the content contained within the outline—can be seen from any direction.. According to the shape of different goods, different ways of use are adopted so that consumers can see it clearly at a glance and leave a deep impression in their minds. This achieves the purpose of trademark use.

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