The legal provisions on the legitimate and bona fide use of trademarks can be summarized into four different methods: narrative use, descriptive use, indicative use and prior use rights.
1. Narrative use
In order to provide the public with basic information about goods and services, use your own name (font size, abbreviation), address, and name of the place of origin of the goods in good faith. , geographical indications, and common names of goods, etc., are all narrative uses of trademarks and do not constitute an infringement of the trademark rights of others. Of course, this use must not have the effect of misleading the public.
2. Illustrative use
In order to introduce to the public a specific situation of the goods you produce and operate or the services you provide, such as product model, quality, main raw materials, functions, and uses. , weight, quantity and other characteristics, the use of someone else’s registered trademark is illustrative use. Of course, in order to avoid confusion with the trademark owner's goods or services, users usually need to add descriptive words such as "main ingredients", "basic functions", "how to use" and "implementation standards" before the trademark.
3. Indicative use
In order to let the general public understand the true information related to goods and services, such as it needs to be "used to indicate the use of goods or services, especially as spare parts When "necessary", the use of another person's registered trademark in business activities is an indicative fair use, but such use must comply with honest industrial and commercial practices.
4. Prior Use Right
If the same or similar trademark has been used on the same or similar goods and services before the registration of another person’s trademark is approved, after the trademark is registered, Under the premise of not violating the principle of fairness, you have the legal right to continue to use the trademark within the original scope. This prior right of use of a registered trademark has the same meaning as the “right of prior use” of a patent. Strictly speaking, prior use rights do not constitute legitimate and bona fide use of a trademark, but are alternative restrictions on trademark rights.