What are the types of irregular use of registered trademarks
First, the use of trademarks The subject must be legal; secondly, the trademark used must be legal; thirdly, the name and scope of the goods or services using the trademark must be legal. The lack of any one of the requirements constitutes irregular use of the trademark.
What does the regulated use of unregistered trademarks mean?
The standard use of unregistered trademarks mainly refers to the fact that the trademark actually used must be legal and must not violate the prohibition provisions stipulated in the Trademark Law, nor must a trademark similar to a registered trademark be used, otherwise it will constitute irregular use.
What is the essence of irregular trademark use
Irregular use of trademarks violates the principles of fair competition and good faith, and violates the purpose of the Trademark Law to protect exclusive rights to trademarks. Irregular use of trademarks includes both general irregular use and serious irregular use, that is, trademark infringement.
What are the types of irregular use of registered trademarks
(1) The subject using the trademark is illegal.
Main manifestations:
1. Enterprises are divided, merged, transformed or renamed, etc. When the change occurs, the subject of the trademark right has changed accordingly, but there has been no transfer or name change of the trademark, that is, the subject of the trademark right "will remain unchanged";
2. The form of the enterprise has not changed, but it has changed the name of the trademark registrant on its own, that is, the subject of the trademark right "changed without changing";
3. The act of transferring a registered trademark to others on your own
and using it in the name of others;
4. Improper use of trademark license.
(2) The trademark used is illegal.
Main manifestations:
1. The act of changing the text, graphics, color or combination of registered trademarks on your own but still adding the registered trademark mark ;
2. When the trademark registration expires, the original registrant continues to use and affix the registered trademark mark without applying for renewal;
3 Improper use of trademarks in advertising. For example, in advertising slogans, using other people's trademarks to increase the popularity of one's own trademarks or using one's own trademarks to disparage other people's trademarks;
4. A registered trademark with a purely visual meaning (such as a panda graphic trademark) confuses a registered trademark with a purely auditory meaning (such as a panda word trademark) in actual use, or a purely auditory registered trademark The act of confusing registered trademarks with purely visual meanings (such as bear-drawing graphic trademarks) in actual use and causing consumers to misunderstand;
5. Irregular use of combined trademarks. Use of combined trademarks is the act of a trademark registrant using two or more registered trademarks on the same product.
(3) The name and scope of the goods or services using the trademark are illegal.
Main manifestations:
1. The act of using a registered trademark beyond the approved scope of goods or services and still adding the registered trademark mark;
2. Improper use of service trademarks
3. Changing the name of the approved goods or services without authorization, or the actualThe product names used are vague and the concepts are ambiguous;
4. Co-existence of improper trademark use;
5. Reverse counterfeiting.
What are the types of irregular use of unregistered trademarks?
1 The use of counterfeiting registered trademarks Behavior;
2. The behavior of using registered trademarks or similar words, graphics, colors, or combinations thereof on similar goods or services;
3. The act of using a registered trademark with a high reputation on non-similar goods or services;
4. The act of using someone else’s registered trademark as part of a product name;
5. Violating relevant laws and regulations by using unregistered trademarks on compulsorily registered goods The sound is;
6. Applying for corporate name registration using someone else’s registered trademark as a trade name and prominently using the trade name.
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