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How to use R and TM in trademarks?

In my country's trademark system, there are two main types of trademarks, one is registered trademarks; the other is unregistered trademarks; as for well-known trademarks or non-well-known trademarks, they are still within this scope, including registered and unregistered trademarks. Register a well-known trademark.

As for how trademarks need to be used, the current trademark legal system does not actually have specific requirements.

According to Article 63 of the "Regulations for the Implementation of the Trademark Law":

To use a registered trademark, you may indicate "registered trademark" or "registered trademark" on the goods, product packaging, instructions or other attachments. Registration mark.

Registration tags include ? and ?. When using a registered mark, it should be marked on the upper right corner or lower right corner of the trademark.

From the above provisions, we can understand:

If the trademark has been registered, you can use the registration mark next to the trademark, that is, use ? or ?.

Of course, the above regulations have been made clear. It is possible, but it is not said to be necessary. Therefore, the trademark registration owner may or may not mark the registered trademark.

Therefore, you can look at the back of your mobile phone. Whether it is a Huawei mobile phone or an iPhone, there are no ? and ? marked next to the registered trademarks of Huawei or iPhone, but this does not affect its status as a registered trademark. Trademarks should be protected.

Many people also believe that ? is applicable to trademarks that have been applied for but not registered. In fact, this statement has no legal basis. ? is the abbreviation of trademark. Its function is only to remind everyone that this is a trademark. As for whether it is a registered trademark or an unregistered trademark, ? cannot be distinguished.

For registered trademarks, you can also use ? to tell everyone that this is a trademark, not a product model or common name of the product.

According to the provisions of Article 52 of the Trademark Law:

Anyone who uses an unregistered trademark as a registered trademark, or uses an unregistered trademark in violation of Article 10 of this Law shall be punished by The local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may issue a notice. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine may be imposed. If the amount exceeds 10,000 yuan, a fine of not more than 10,000 yuan may be imposed.

Therefore, if the trademark has not been registered, the mark ? or ? may not be marked. If marked, it means that consumers are informed that the trademark is a registered trademark. This behavior is the use of an unregistered trademark as a registered trademark, and it is suspected of violating the above terms and will be punished as stipulated in the terms. .

If the trademark has been approved for registration, you can mark the registered trademark with ? or ?. If the trademark is not registered, the mark cannot be used. ?It is not a trademark label prescribed by law. It can be used for registered trademarks or unregistered trademarks to inform consumers that the logo is a trademark. As for whether it is a registered or unregistered trademark, it cannot be distinguished.