In daily supervision work, many companies have problems such as the use of trademarks in foreign trade activities is relatively random and unstandardized, and trademark infringements occur frequently. Therefore, a series of regulatory measures taken in this regard are what we often call the intellectual property use regulations of trademarks.
1. Specifications for the use of registered trademarks
First, the subject using the trademark must be legal;
Second, the trademark used must be legal;
< p>Third, the name and scope of the goods or services using the . trademark must be legal.The lack of any one of the requirements constitutes irregular use of the trademark.
2. Specifications for the use of unregistered trademarks
Mainly refers to the fact that the actual trademark used must be legal and must not violate the prohibition provisions stipulated in the trademark law, nor must it be used similar to the registered trademark trademark, otherwise it will constitute irregular use.
The essence of irregular use of trademarks
Irregular use of trademarks violates the principles of fair competition and good faith, and violates the purpose of the Trademark Law to protect exclusive rights to trademarks. Irregular use of trademarks includes both general irregular use and serious irregular use, that is, trademark infringement.
Types of irregular use of registered trademarks
(1) The party using the trademark is illegal
Main manifestations:
1. Enterprise When undergoing morphological changes such as division, merger, restructuring or renaming, the subject of the trademark rights has changed accordingly, but no trademark transfer or renaming has been carried out, that is, the subject of the trademark rights has changed and remains unchanged.;
2. The form of the enterprise has not changed, but it has changed the name of the trademark registrant on its own, that is, the subject of the trademark right has changed without changing the name;
3. Transferring the registered trademark to others and using it as another person's name Acts of using in the name of others;;
4. Acts of improper use of trademark licenses.
(2) The trademark used is illegal
Main manifestations:
1. Changing the text, graphics, color or combination of the registered trademark on your own but still adding The act of adding a registered trademark mark;
2. The trademark registration has expired and the original registrant has not applied for renewal but continues to use the well and adds a registered trademark mark;
3 Advertising Improper use of Chinese trademarks. For example, in advertising slogans, using other people's trademarks to increase the popularity of one's own trademarks or using one's own trademarks to disparage other people's trademarks;
4. Registered trademarks with purely visual meaning (such as panda graphic trademarks) are in actual use Acts that confuse a registered trademark with a purely auditory meaning (such as a panda word trademark) in use, or a registered trademark with a purely auditory meaning (such as a bear drawing trademark) that confuses a registered trademark with a purely visual meaning in actual use and cause consumers to misunderstand it Behavior;
5. Irregular use of combination trademarks. Combination trademark use is the behavior of a trademark registrant using two or more registered trademarks on the same product.