First, the meaning of trademark use

Trademark is a symbol to distinguish the source of goods. The so-called trademark use refers to the use of symbols in commercial activities to distinguish the source of goods. It consists of two elements:

The use of (1) in commerce

Trademarks are the products of commercial or trade activities, and the goods and services used by trademarks are all labor products for exchange. Trademarks can only be used for trade purposes or in the course of trade. Social welfare use, family use or purely personal hobby use are not commercial use.

From the perspective of protecting a registered trademark from being diluted into a commodity name, it should be compared with Article 10 of the European Trademark Regulations (Note: Article 10 of the European Trademark Regulations stipulates that "if the same trademark is incorporated into dictionaries, encyclopedias or similar books, it seems that it has become a common trademark of registered goods or services. ) provides that if another person'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 word is a registered trademark.

(2) Use in the sense of trademark.

The composition of trademark infringement is determined by the fact that symbols are used as trademarks. 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. Visible, infringement of trademark rights must be the use of trademarks, rather than the use of symbols. According to Article 50 of the Regulations for the Implementation of the Trademark Law, "on the same or similar goods, using marks identical or similar to others' registered trademarks as product names or product decorations to mislead the public" is an act of infringement of the exclusive right to use trademarks. 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 and may lead to misleading the public. Therefore, the use of "logo" in this paper is actually the use of trademarks.

Second, the form of trademark use

Article 3 of China's Regulations on the Implementation of the Trademark Law stipulates the forms of trademark use by enumerating, mainly including:

(a) the use of trademarks in commodities, commodity packages or containers.

The use of trademarks on commodities, commodity packages or containers refers to the direct attachment, carving, branding or weaving of trademarks on commodities, commodity packages or containers. The so-called packaging refers to the auxiliary materials used on commodities, which are used to identify commodities and are convenient to carry, store and transport. Containers are also a kind of packaging.

(2) the use of trademarks in exhibitions and exhibitions.

Although a trademark cannot be physically attached to a commodity, if it is associated with the commodity in some way, it is enough to make the general public think that a trademark has played a role in distinguishing the source of the commodity, and it has already constituted the use of a trademark. For example, use trademarks when displaying and exhibiting goods; The place or counter where goods are sold is marked by a specific trademark, but the goods sold are not genuine with the trademark or the trademark of the goods sold is inconsistent with the trademark. The purpose of using this trademark is to borrow other people's trademarks to promote their own products, but it does not directly attach the trademark to the goods.

(three) for trading documents or advertising.

The use of trademarks in commercial documents such as trade documents and advertisements constitutes the use of trademarks. The so-called transaction documents include contracts, business stationery, envelopes, invoices, price lists, etc. The so-called advertisement refers to a form of introducing directly or indirectly the goods or services produced or sold by oneself through certain media and forms. Advertising media include newspapers, posters and other written materials, as well as audio-visual materials such as radio and television.

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