What issues need to be paid attention to when using registered trademarks
Trademarks Use includes using the trademark on goods, product packaging or containers, and commodity transaction documents, or using the trademark in advertising, exhibitions, and other production activities. Sales invoices, contracts and other commercial documents are an important part of commodity trading activities. The use of a trademark in these commercial documents shall be regarded as the "use" of the trademark. Whether verbal use in business activities is regarded as "use" needs to be comprehensively determined in conjunction with other usage situations.
First of all, the exclusive right to register a trademark is limited to the approved registered trademark, that is, the trademark logo used should be consistent with the approved registered trademark logo, and can only be enlarged proportionally. Reduce the size and do not change the text, graphics and color of the trademark on your own.
Since Chinese characters and letters have different fonts, The appearance of various fonts for the same character sometimes differs greatly, such as simplified and traditional Chinese characters, uppercase and lowercase English letters, etc. Therefore, you need to use whatever font you register. Sometimes the registrant changes the font of the trademark for aesthetic reasons or other reasons, such as changing it from bold to italic. Such subtle changes are still allowed in practice.
The same is true for the graphics in the trademark. Minor changes, such as adding a box, circle or certain lines to the registered trademark, are allowed. However, if the text or graphics are significantly changed to form a different appearance, it may constitute changing the registered trademark on your own or even counterfeiting the registered trademark. What's more serious is that if the changed appearance is similar to someone else's registered trademark, it may also constitute a trademark violation. At the same time, if the trademark used is different from the approved and registered trademark, it may also have an adverse impact on the protection of the trademark, because the protection of exclusive rights for registered trademarks is based on the approved and registered trademark, not the actual trademark used.
Secondly, the registered trademark must be used on the approved goods and services. Trademark registration applications must be based onAccording to regulations, submissions are submitted separately according to different categories, and upon approval, the goods or services approved for use will prevail. If a registered trademark needs to be used on other goods or services of different categories, a separate registration application must be submitted. If the goods or services actually used exceed the approved scope of goods or services, or if they are used across categories, no registration mark should be added, otherwise it will be considered as passing off a registered trademark. If it is the same as or similar to someone else’s registered trademark on similar goods or services, you will also bear legal liability for trademark infringement.
The above is the relevant knowledge about related issues compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If you still have any questions , welcome to the Legal Savior Network for consultation.
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