the fair use of a trademark means that other people, except the trademark registrant, can use the same or similar logo as the registered trademark for reasonable purposes and reasons without authorization, and it does not constitute infringement. The common situation of fair use is the description or explanation of the characteristics, functions and uses of the goods themselves. Fair use is a reasonable restriction on the exclusive right to use a trademark. (Article 17 of the Agreement on Trade-Related Aspects of Intellectual Property Rights stipulates: "Members may stipulate limited exceptions to trademark rights, such as fair use of descriptive words, as long as such exceptions concern the interests of trademark holders and third parties." Article 49 of China's "Regulations for the Implementation of Trademark Law" also stipulates: "The registered trademark contains the common name, figure and model of the commodity, or directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the commodity, or contains place names, and the exclusive right holder of the registered trademark has no right to prohibit others from using it normally."

fair use requires the following elements: first, subjectively, the user must use it in good faith, not for the purpose of taking advantage of the existing goodwill of others or confusing the relevant public. In practice, whether the user is in good faith can be judged by examining the distinctiveness of the registered trademark, whether the use is necessary and inevitable due to the limitation of expression, whether the use method is reasonable, whether the measures to avoid confusion have been taken, and whether the consequences of use have caused confusion among the relevant public. Second, objectively, the content of fair use is to describe the characteristics of goods or explain the functions and uses of goods. Including normal use of one's own name and address, reasonable description of the quality, It use, geographical origin, weight, etc. Third, from the consequences, it will not lead to confusion and misunderstanding of the relevant public. According to the Agreement on Trade-related Aspects of Intellectual Property Rights, fair use should not harm the interests of trademark holders and third parties including consumers.