Answer: The right to use in trademark rights refers to the right of the registered trademark owner to use the approved registered trademark on the approved goods. It should be noted that trademarks can be used in many ways, including using the trademark on goods, product packaging or containers, and commodity transaction documents, or using the trademark in advertising, exhibitions, and other commercial activities. The exercise of the right to use must comply with the provisions of the law, that is, it must be used on the registered trademark and the goods approved for use.
The right of prohibition in trademark rights refers to the trademark owner’s right to prohibit any third party from using the same or similar trademark as its registered trademark on the same or similar goods without its permission.
The scope of the right of prohibition is greater than the scope of the right of use. It not only includes approved registered trademarks and approved goods for use, but can also be extended to similar trademarks and similar goods.
The law allows the scope of prohibition rights of trademarks to be greater than the scope of use rights. The reason is that as a mark, the identification function of a trademark is not clearly defined, but varies due to consumer perceptions or other reasons. . Therefore, in order to ensure the realization of the trademark recognition function, it is difficult to only exclude others from using the registered trademark. Because the purpose of using a trademark is to allow consumers to identify the correct origin of the product through the identification function of the trademark, and to gain the trust of consumers and further expand product sales. If others use similar trademarks or similar goods, it will affect or damage these functions of the trademark, thus blurring the original identification function and leading to a large number of free-riding behaviors.