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What is the use of trademarks?

1. The meaning of trademark use A trademark is a symbol that distinguishes the source of goods. The so-called trademark use refers to using the symbol in commercial activities and playing a role in distinguishing the source of goods. There are two constitutive elements: (1) The use of a trademark in commerce is the product of commercial or trading activities. The goods and services targeted by the trademark are labor products for exchange. It can only be used for trading purposes or in commerce (in the course of trade) trademark may constitute trademark use. Use for social welfare, domestic use or purely personal hobby use are not considered commercial use. From the perspective of protecting registered trademarks from being diluted into trade names, reference should be made to Article 10 of the "European General Trademark Regulations" (Note: Article 10 of the "European General Trademark Regulations" stipulates that "if there is a homologous If a trademark is included in a dictionary, encyclopedia or similar book and gives the impression that it has become a common name for the goods or services for which it is registered, the publisher shall, at the request of the owner of the same trademark, ensure that, at least in the latest republication, Indicate that the word is a registered trademark.) The following provisions are made: If another person's trademark is included in a dictionary, encyclopedia or similar reference book, the trademark owner has the right to require the editor or publisher to indicate that the word is a registered trademark. (2) The decisive condition for using a symbol in the sense of a trademark to infringe a trademark right is that the symbol is used as a trademark. Although a symbol is used in commercial activities, but the symbol does not function as a trademark, it is considered a use of a symbol, not a use of a trademark. Our country’s Trademark Law does not clearly stipulate this, but according to Article 52 (1), “without the permission of the trademark registrant, use a trademark that is the same or similar to the registered trademark on the same or similar goods. "" is an infringement of trademark exclusive rights. It can be seen that the infringement of trademark rights must be the use of trademarks, not the use of symbols. According to Article 50 of the "Regulations for the Implementation of the Trademark Law", "any person who uses a mark that is identical or similar to another's registered trademark as a product name or product decoration on the same or similar goods to mislead the public" is an infringement of the exclusive right to use a trademark. Behavior. In this case, although the "logo" appears in the form of "trade name" or "product decoration", it actually functions as a trademark, which may lead to the consequences of misleading the public. Therefore, the use of "mark" in this article is actually the use of a trademark. 2. Forms of trademark use Article 3 of my country's "Regulations for the Implementation of Trademark Law" stipulates the forms of trademark use in an enumerated manner, mainly including: (1) Use of trademarks on goods, product packaging or containers. The use of trademarks on goods refers to attaching trademarks to goods, product packaging or containers by direct affixing, engraving, branding or weaving. The so-called packaging refers to the auxiliary materials used on goods to identify goods and facilitate carrying, storage and transportation. Containers are also a type of packaging. (2) Trademarks are used during display and exhibition. Although trademarks cannot be physically attached to goods. However, if it is connected with the goods in a certain way, which is enough to make the general public think that the trademark plays a role in distinguishing the source of the goods, it has constituted the use of the trademark. For example, a trademark is used when displaying or exhibiting goods; a specific trademark is used to indicate the place or counter where goods are sold, but the goods sold are not genuine products bearing the trademark or the trademark of the goods sold does not match the trademark. The purpose of using this kind of trademark is to use other people's trademarks to promote one's own products, but the trademark is not directly attached to the goods. (3) Use in transaction documents or advertising. The use of a trademark in transaction documents and other commercial documents and advertising constitutes trademark use. The so-called transaction documents include contracts, business letterheads, envelopes, invoices, price lists, etc. The so-called advertising refers to a form of directly or indirectly introducing the goods produced or sold or the services provided through certain media and forms. Advertising media includes newspapers, periodicals, posters and other written materials, as well as radio, television, etc. Audiovisual materials.