Legal subjectivity:

What is the meaning of fair use of trademark rights? Fair use of trademark rights refers to narrative use, indicative use, or use by persons other than the trademark owner in production and business activities. Use of the trademark owner's trademark in good faith through illustrative use or parallel use does not constitute an infringement of the exclusive right to use the trademark. Fair use of trademarks is increasingly recognized by various countries and regions and is reflected in relevant legislation. For example, when Japan revised the Trademark Law in 1991, it stipulated the following restrictions: (1) Others use one’s likeness, name, title, nickname, stage name, and pen name in a normal way; (2) Others use one’s own portrait, name, nickname, stage name, and pen name in a normal way; (2) Others use one’s own image, name, stage name, and pen name in a normal way; or the common name, place of origin, place of sale, quality, raw materials, performance, use, shape, price, etc. of similar goods or services; (3) Descriptions of goods or services made by others in a normal way, as long as the use in the above circumstances is in good faith of and legitimate. Fair use of trademark rights Criteria for judging fair use of trademarks When a trademark infringement case occurs, the defendant can invoke Article 49 of the new Trademark Law Implementation Regulations to defend fair use. However, in different cases, the text and graphics used by the defendant are diverse and complex. Whether fair use is established requires detailed analysis of specific issues. More importantly, the provisions of Article 49 of the Implementing Regulations are very principled and there is a large area of ??ambiguity. The relevant explanations have not yet appeared, so many problems will be encountered in practice. 1. In addition to using words and graphics that are the same as or similar to others’ trademarks, the judgment criterion is whether other explanatory words are added to indicate its “explanatory nature”. 2. The judgment standard is whether the words and graphics used by the defendant are used as trademarks, or whether the words or graphics are enough to identify and distinguish the source of the goods. 3. The judgment standard is whether the distinctiveness of the words is deliberately emphasized when using the descriptive words. 4. The judgment standard is based on whether it is also marked with its own trademark. 5. The judgment standard is based on business practices and the opinions of industry associations. 6. The judgment standard is whether the plaintiff may suffer a decrease in profits and reputation damage due to the defendant’s use. The above six criteria are They are not mutually exclusive. In many cases, we must clearly examine the facts and make comprehensive use of various standards to make a more pertinent judgment. Relevant experience needs to be enriched in practice and relevant systems need to be improved. The above is the relevant knowledge about the above issues compiled by the editor for you. This website provides you with professional lawyer consultation. If you have any questions, you are welcome to enter the online consultation.