1. Trademarks are subordinate. The State Administration for Industry and Commerce's Opinions on Using Two or More Registered Trademarks on a Commodity at the same time wrote: "Enterprises can use two or more registered trademarks on a commodity at the same time according to actual needs. An enterprise can register and use a trademark on all or part of its own products to distinguish the products produced by other enterprises, and at the same time, it can register and use a trademark dedicated to this product on each product to distinguish the different products produced by itself. " Such trademarks are usually called "main and deputy trademarks", such as the automobile trademark "Volkswagen" and the automobile model trademark "Santana".
2. Trademark owners use trademarks with the same rank in parallel. After long-term advertising, the trademarks used side by side have been fully recognized by consumers, and can play a role in identifying trademarks together or separately, such as the simultaneous use of the young state and melatonin trademarks. This situation can also prove the advertising function of trademarks.
3. One of the two trademarks used at the same time is a collective trademark or a certification trademark. The nature and significance of collective trademarks or certification trademarks are different from general trademarks. They are used to show the membership of users or to prove the specific quality of goods and services. If the conditions are met, the trademark owner may use the collective trademarks or certification trademarks together with the goods or services trademarks.
4. Trade marks and service marks. Typically, sellers use their own service marks on the goods they sell to show the source of service.
5. Fair use of trademarks. Article 59 of the Trademark Law, which came into effect on May 1, 214, stipulates the proper use of trademarks. If it meets the provisions of this article, the registered trademarks of others can be used properly, and the trademark owners have no right to prohibit it, and they can also use their own registered trademarks.
6. show cooperation. After technical cooperation, the two companies jointly developed a certain product, and at the same time marked two different trademarks that the two companies enjoyed the exclusive right to use trademarks. On the one hand, trademarks can still play a recognition role, because the production and research of products are carried out by two companies in cooperation, and the products themselves come from two companies in cooperation; On the other hand, it can highlight the quality assurance function of the trademark, indicating that the product combines the advanced technologies of the two companies and is more attractive to consumers.
China's laws do not prohibit the use of unregistered trademarks, but such use must abide by the principle of good faith, and shall not harm the legitimate rights and interests of consumers and other business operators or disrupt the normal market economic order. The author believes that the regulation of the use of unregistered trademarks is mainly reflected in the following laws and regulations:
1. The principle of good faith is introduced in Article 7 of the new Trademark Law, and the legal consequences of illegal use of unregistered trademarks are stipulated in Article 52.
Article 52 of the new Trademark Law stipulates: "Where an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 1 of this Law, the local administrative department for industry and commerce shall stop it, make corrections within a time limit, and may notify it. If the illegal business amount is more than 5, yuan, a fine of less than 2% of the illegal business amount may be imposed, and if there is no illegal business amount or the illegal business amount is less than 5, yuan, a fine of less than 1, yuan may be imposed."
2. The Anti-Unfair Competition Law prohibits misleading false propaganda through the provisions of Article 5 (4) and Article 9 (1), and stipulates the illegal consequences in Article 2 and Article 24 (1).
3. Article 8 of the Consumer Protection Law stipulates that consumers have the right to know; Paragraph 1 of Article 2 requires business operators to provide consumers with true and comprehensive information about the quality, performance, use and expiration date of goods or services, and shall not make false or misleading propaganda. Chapter VII of the Law stipulates the corresponding legal responsibilities.
4. Paragraph 3 of Article 26 of the Product Quality Law stipulates that the product quality shall conform to the product standards indicated on the product or its packaging, and conform to the quality conditions indicated by product descriptions, physical samples, etc. The fifth chapter provides the corresponding penalties.
5. Article 8 of the Regulations on the Administration of Product Identification and Labeling stipulates that product names should indicate the true attributes of products, and should conform to national standards and industry standards, and should use common names or common names that will not cause misunderstanding and confusion among users and consumers.