In fact, if friends need to perfect something in their daily lives, they also need to make certain preparations. They need to do certain homework in advance. The purpose of this is to protect themselves. Your interests will not be infringed, including when registering a trademark. So, what is the principle of exhaustion of trademark rights? Let’s learn about it together. 1. Principle of Exhaustion of Trademark Rights The principle of exhaustion of trademark rights means that after the trademark owner or its authorized trademark user puts the goods or services marked on the goods into circulation, they no longer have the right to prohibit or hinder others from using the goods or services that bear the label. registered trademark. "Exhaustion" here means that the exclusive right holder of the intellectual product has exhausted only the trademark rights, but it does not mean that other intellectual property rights have been exhausted. Moreover, this kind of exhaustion does not refer to the exhaustion of the exclusive right of the trademark itself, but the exhaustion of the trademark owner's control over the goods marked with his trademark. It can be seen that the principle of exhaustion of trademark rights is actually a restriction of trademark rights by commodity property rights. 2. Exceptions to the principle of exhaustion of trademark rights The principle of exhaustion of trademark rights is to prevent the trademark owner from abusing his rights. For example, it can prevent him from always controlling the distribution channels of goods and hindering the free circulation of goods, that is, preventing him from using the exclusive right to use the trademark. And he controls the retail rights of all goods bearing the trademark. However, the limitation of any right is not absolute, and the principle of exhaustion of trademark rights also has its exceptions, because the primary function of a trademark is to recognize the source and quality of the goods and to distinguish products produced by different producers of goods. Therefore, whether the trademark right is exhausted domestically, regionally, or even internationally, if a seller changes the original nature or form of the goods after the goods are legally put on the market, and still uses them without permission. original trademark, then the trademark owner has the right to interfere. That is, when it causes damage to the quality of the goods or the goodwill of the trademark owner, or causes deceptive consequences, the trademark owner has the right to file a lawsuit. At this time, the principle of exhaustion of trademark rights no longer applies. Exceptions to the principle of exhaustion of trademark rights are reflected in international treaties and national trademark laws. Article 24, paragraph 2, of the German Trademark Act provides: “Subsection (1) shall not apply if the owner of the trademark or commercial sign has legitimate grounds to object to the further commercial exploitation of the goods, in particular after the goods have been placed on the market. The condition of the goods has changed or been damaged. "Article 23, paragraph 3, of the Taiwan Trademark Law also stipulates that for goods with a trademark, no trademark rights can be claimed for the goods. However, in order to prevent the goods from deteriorating, This does not apply to cases of damage or other legitimate reasons. Therefore, if the trademark owner has legitimate reasons, such as relabeling the logo, which damages the original condition of the goods, or damages the reputation of the trademark and its owner; the use of publicity and advertising seriously damages the image of the trademark; the distributor changes the trademark without permission. etc., the trademark owner can use its exclusive rights to prohibit others from selling or using the product on the market again, and has the right to file a lawsuit against infringement. The principle of exhaustion of trademark rights and its exceptions complement each other, which reflects the balancing principle of intellectual property rights in safeguarding the exclusive rights of trademark owners and protecting the interests of the public. 3. Procedure for applying for trademark registration (1) If a trademark agency is entrusted to handle the matter, the applicant can voluntarily choose any nationally recognized trademark agency to handle the matter. All trademark agencies registered with the Trademark Office are published in the "Agency" column. (2) If the applicant goes directly to the trademark registration hall of the Trademark Office, the applicant can follow the following steps: Prepare the application documents → Submit the application documents at the acceptance window of the trademark registration hall → Print the bar code at the coding window → Pay the application fee at the payment window. When applying for a trademark registration certificate, the following documents should be submitted: (1) For each application, provide a registration certificate for a registered trademark and submit an application for a trademark registration certificate; (2) If you apply directly to the trademark registration hall, submit A copy of the applicant's business license with the official seal of the unit, a copy of the "Trademark Registration Certificate", and a copy of the person in charge of the application; if entrusting a trademark agency to handle the matter, submit a trademark agency power of attorney.
The above is a detailed introduction to you about the principle of exhaustion of trademark rights. To sum up, I would like to remind you that as long as you grasp these three matters, you will basically have no worries about registering a trademark, and at the same time, you can learn more about trademarks. The application knowledge will give you rich experience when applying again in the future, and the trademark approval rate will also increase a lot.