There have been quite a few cases of trademark infringement in recent years. Trademark infringement means that there will also be rights protection. In trademark infringement lawsuits, there will be grounds for defense. The following is what the editor of the website has compiled for you. Three principles for defending against trademark infringement.
1. First-to-use principle. The right of prior use of a trademark means that the trademark has been registered by others, but before being registered by others, the trademark has been used by others and has had a certain impact on consumers or the public. The prior user of the trademark You can continue to use the trademark within the original scope without being restricted by law.
The establishment of the trademark prior-use right system protects unregistered well-known trademarks and unregistered but influential trademarks, prevents malicious preemptive registration, and reflects fairness and justice. In reality, some companies may not apply to register their own trademarks due to certain reasons, but they have gained a certain amount of goodwill among consumers. If the use of a trademark is prohibited because it is not registered and constitutes infringement of a later registered trademark, it will encourage the behavior of getting something for nothing, enjoying the benefits, and taking advantage of opportunities, which is obviously against the original intention of the legislation.
2. The principle of exhaustion of rights. Exhaustion of trademark rights refers to the goods with a trademark attached. After the trademark owner uses legal business methods to sell or transfer the goods for the first time, the rights owner cannot prohibit others from using or selling the goods on the grounds of trademark infringement. The rights of the trademark are exhausted. It can also be called the exhaustion of trademark rights. What we need to note is that what the rights owner loses is the control over the goods, but the exclusive right to the trademark is still enjoyed by the rights owner.
The principle of exhaustion of trademark rights is to prevent trademark rights holders from monopolizing the trademarked product market and to prevent trademark rights holders from obtaining unfair benefits other than trademark rights. The function of a trademark is to distinguish the source of goods or services, and represent the quality of goods and services as well as the reputation of the company, etc., thereby guiding consumers to consume and obtain profits. It is allowed by the system for a trademark to circulate as goods enter the market. However, even if the goods with the trademark are legally obtained, if the value of the trademark or the goodwill of the goods is damaged during the process of sale and use, there will still be trademark infringement. possibility.
3. Principle of fair use. Fair use of a trademark means that under certain circumstances, the trademark owner allows others to use his trademark, or the same or similar mark, in good faith without the consent of the trademark owner. Under such conditions, the perpetrator does not constitute a trademark infringement. Fair use of trademarks includes commercial fair use and non-commercial fair use.
Commercial fair use allows non-trademark owners to use it in good faith for the benefit of the public and without harming the interests of the trademark owner or unduly harming the interests of the trademark owner. Register a trademark in your own business activities. Non-commercial use of a trademark means that the actor does not do it for profit and does not use the function of the trademark to carry out commercial activities, but simply uses or quotes the registered trademark in some news reports, scientific research or comments and other activities without commercial value. This kind of behavior It will not cause harm to the trademark owner and does not constitute trademark infringement.
The above is all about the three principles of trademark infringement defense. If you want to know more, you can visit our trademark transfer website.