I. The meaning of trademark use A trademark is a symbol that distinguishes the source of goods. The so-called trademark use refers to the use of symbols in commercial activities and plays a role in distinguishing the source of goods. There are two constitutive requirements: (1) The use of a trademark in business is the product of business or trading activities, and the goods and services used by the trademark are all labor products for exchange. Only when the trademark is used for the purpose of trading or in the course of trade can it constitute the use of a trademark. Social public welfare use, domestic use or purely personal hobby use are not commercial use. From the point of view of protecting a registered trademark from being diluted into a commodity name, it should be compared with Article 1 of the Regulation on European * * * Body Trademarks (Note: Article 1 of the Regulation on European * * * Body Trademarks stipulates that "if the * * body trademark is incorporated into dictionaries, encyclopedias or similar books, it gives people the impression that it seems to have become the common name of the goods or services registered for use, the publishing house shall, according to the * * * body trademark. ) The following provisions are made: If someone else's trademark is incorporated into a dictionary, encyclopedia or similar reference book, the trademark owner has the right to ask the author or publishing house to indicate that the vocabulary is a registered trademark. (two) the use of trademark infringement in the sense of trademark is determined by the fact that the symbol is used as a trademark. Although the symbol is used in commercial activities, it does not play the role of a trademark, so it belongs to the use of symbols, not trademarks. China's Trademark Law doesn't explicitly stipulate this either, but according to Item (1) of Article 52, "using a trademark identical with or similar to its registered trademark on the same or similar goods without the permission of the trademark registrant" is an act of infringement of the exclusive right to use a trademark. It can be seen that the infringement of trademark rights must be the use of trademarks, not the use of symbols. According to Article 5 of the Regulations for the Implementation of the Trademark Law, "on the same or similar goods, using a mark identical or similar to another person's registered trademark as a commodity name or commodity decoration, misleading the public" is an act of infringement of the exclusive right to use a trademark. In this case, although the "logo" appears in the form of "commodity name" or "commodity decoration", it has actually played the role of a trademark, which may lead to misleading the public. Therefore, the use of "signs" in this article is actually the use of trademarks. II. Forms of Trademark Use Article 3 of China's Regulations on the Implementation of the Trademark Law stipulates the forms of trademark use by enumerating, which mainly include: (1) Using trademarks on commodities, commodity packages or containers, which means attaching trademarks to commodities, commodity packages or containers by means of direct attachment, engraving, branding or weaving. The so-called packaging refers to the auxiliary materials used on commodities for the purpose of identifying commodities and facilitating carrying, storage and transportation, and containers are also a kind of packaging. (2) Although a trademark used during display and exhibition cannot be physically attached to commodities, if it is connected with commodities in a certain way, it is enough for the general public to think that the trademark plays a role in distinguishing the sources of commodities, it has constituted the use of trademarks. For example, use trademarks when displaying and exhibiting goods; A place or counter where goods are sold is indicated by a specific trademark, but the goods sold are not genuine products using the trademark or the trademark of the goods sold is inconsistent with the trademark. The purpose of using this trademark is to promote one's own products by borrowing other people's trademarks, but it does not directly attach the trademark to the goods. (3) The use of trademarks in trading documents or advertising constitutes the use of trademarks in commercial documents such as trading documents and advertising. The so-called transaction documents include contracts, business stationery, envelopes, invoices, price lists, etc. The so-called advertising refers to a form of introducing directly or indirectly the goods or services produced or sold by oneself through certain media and forms. The advertising media includes newspapers, posters and other written materials, as well as radio, television and other audio-visual materials. Legal objectivity:

Article 8 of the Trademark Law of the People's Republic of China Any mark that can distinguish the goods of natural persons, legal persons or other organizations from those of others, including words, graphics, letters, numbers, three-dimensional marks, color combinations and sounds, and the combination of the above elements, can be applied for registration as a trademark.