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home page > Trademark inquiry > How to use the trademark correctly?

How to use the trademark correctly?

Source: //www.qierge.net/trademark/ Author: How to Use Trademarks Correctly Time: 2020-11-04 15:17 Views: 1317

After the successful application for trademark registration, everything will be all right? Don't make any noise! If an enterprise uses a trademark wrongly, it will not only face the risk of "being abandoned", but also bear huge compensation! How to use trademark correctly? Look down!

 How to use trademark correctly

1. Identification of trademark


According to the provisions of the Trademark Law, "where a trademark changes its registered items on its own in the use of a trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit, or the Trademark Office shall revoke its registered trademark".


In practice, some trademark registrants, in order to make the trademark more beautiful or for other reasons, will slightly change the font of the trademark, or add boxes, circles or lines to the trademark. These acts are arbitrary changes to the trademark, which are prohibited by law.


When using a trademark, the registrant must ensure that the logo of the trademark is consistent with the logo of the trademark approved for registration. The registrant can only zoom in and out of the trademark in proportion, and may not change the words, graphics and colors of the trademark without authorization.


2. Subject of trademark use


When a trademark registrant changes its name, address or other trademark registration matters, or transfers a registered trademark, it shall submit an application for change to the Trademark Office.


It should be noted that in addition to the common cases of enterprise renaming, relocation and trademark transactions, the separation, merger, shareholding, restructuring and other events of enterprises may lead to the change of trademark registrant's name, address and other trademark registration matters.


3. Scope of use of trademarks


When registering a trademark, the applicant must file an application for trademark registration according to different categories in accordance with the provisions of the Table of Differentiation of Similar Goods and Services. When using a trademark, the applicant shall be subject to the approved goods or services. If the applicant wants to use the trademark on other goods or services other than the approved goods or services, the applicant must apply for trademark registration separately.


If the goods or services actually used exceed the scope of the approved goods or services, or are used across different categories, they should not be marked with registration marks, or they will be deemed as passing off as registered trademarks. If it is the same or similar to the registered trademark of others on similar goods or services, it shall also bear legal liability for trademark infringement.


4. Registration mark of trademark


According to the provisions of the Regulations for the Implementation of the Trademark Law, "when using a registered trademark, it is allowed to mark" registered trademark "or" registered mark "on the goods, commodity packaging, instructions or other attachments. Where a registration mark is used, it shall be marked in the upper right corner or lower right corner of the trademark.


In the case of "the trademark has not been approved for registration" and "the scope of use of the trademark exceeds the scope of goods or services approved for use in the Trademark Registration Certificate", it is illegal for the applicant to mark "registered trademark" or "registered mark" on the trademark.


5. Evidence of use of trademarks


In the administrative and judicial practice related to trademarks, the use of trademarks must be reflected through evidence. Without evidence of trademark use, the parties concerned cannot prove the existence of the fact of trademark use.


In practice, although some registrants have used the trademark, they failed to submit effective evidence of use because they did not attach importance to the preservation of original materials, resulting in the loss of trademark rights.


In addition, in the process of foreign-related registration, the registration administration departments of some countries also require to submit evidence of the use of trademarks, or confirm rights based on the evidence of use in case of disputes between the two parties. Therefore, the trademark owner must pay attention to preserving the evidence of trademark use.


The importance of trademarks for enterprises and individuals is self-evident. Since we have taken pains to apply for them, we must use them correctly, and constantly improve the popularity of trademarks and the brand value of enterprises. This is the right gesture to use trademarks.


For more trademark information, please pay attention to the second brother!


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