The harm of nonstandard use of trademarks can be summarized as follows:
First, the exclusive right to use a registered trademark cannot be fully protected by civil law.
the exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use.
if a trademark registrant uses a registered trademark in a split, combined or deformed way, if this use has changed the distinctive features of the registered trademark, it may be recognized by the court as a new use of an unregistered trademark. Because the registered trademark has not been actually used, even if the court finds that the defendant constitutes infringement, on the basis of judging the defendant to stop the infringement, the trademark registrant's claim for damages from the infringer often determines a lower compensation amount or even does not support it.
second, the registered trademark may be revoked by the administrative authority according to law.
according to the Trademark Law, if a registered trademark is changed by itself or stopped for three consecutive years, the Trademark Office shall order the trademark registrant to correct or revoke its registered trademark within a time limit.
A trademark registrant does not use a registered trademark in a standardized way. In the course of civil litigation, the defendant will often plead that the trademark registrant has not used it for three years and has applied to the Trademark Office to cancel the registered trademark. In practice, there are many cases in which the exclusive right to use a registered trademark has been partially or completely revoked due to the irregular use of the registered trademark by the trademark registrant.
third, it may infringe upon the exclusive right to use a registered trademark of others.
trademark registration should be registered separately according to the prescribed commodity classification table. This classification application mode directly leads to the possibility that different registered trademark exclusive rights holders may exist for the same form of trademark in different commodity categories.
nonstandard use of registered trademarks is not only detrimental to brand cultivation of registered trademarks owned by trademark registrants, but may also be subject to administrative punishment or litigation disputes due to infringement.
regarding trademark matters, please feel free to communicate with us.