stipulates that the use of trademarks includes the use of trademarks in commodities, commodity packages or containers and commodity trading documents, or the use of trademarks in advertising, exhibitions and other commercial activities.
The use of trademarks in commodities, commodity packages and commodity trading documents shall include:
The use of trademarks on commodity packages, containers and labels, or on additional signs, product manuals and brochures of commodities.
trademarks are used in trading documents related to commodity sales, including commodity sales agreements, invoices, bills, receipts, documents, commodity import and export inspection and quarantine certificates, customs declarations, etc.
other ways of use that conform to the provisions of the trademark law.
the use of trademarks in advertising, exhibitions and other commercial activities includes:
the use of trademarks in radio, television and other media, or the publication of advertisements in publications approved by the State Council or provincial publishing administrative departments;
trademarks are used in billboards, mail advertisements or other advertising methods;
trademarks are used in exhibitions and expositions approved by the relevant administrative departments of governments at all levels, including printed materials and other materials and photos provided at exhibitions and expositions using trademarks;
other ways of use that conform to the provisions of the trademark law.
The ways of using service trademarks include:
Trademarks are directly used in services, including service brochures, service place signboards, store decorations, staff services, posters, menus, registration certificates, price lists, lotteries, office stationery, stationery and other services-related articles;
trademarks are used in documents related to services, including remittance documents, invoices, invoices, and agreements for providing services.
other ways of use that conform to the provisions of the trademark law.
the publication of trademark registration information is not regarded as the use of trademarks in commercial activities.
1. invoice: as a basic commercial voucher in economic exchanges, invoice is a written proof of recording business activities, and it is a receipt and payment voucher issued and collected in the purchase and sale of goods, provision or acceptance of services and other business activities. Therefore, a true and effective invoice for the sale of goods or the provision of services can strongly prove the use of registered trademarks. However, many enterprises only fill in the name of goods or services without filling in the trademark name or abbreviated trademark name when issuing invoices. For example, a five-word registered trademark only writes three words. Such an invoice has nothing to do with the registered trademark and cannot prove the use of the trademark, so it cannot be used as sufficient and effective evidence of use. Therefore, trademark registrants should standardize the issuance and storage of invoices, fill in the name of the trademark carefully while filling in the names of goods and services, and leave strong evidence for the use of the trademark. For example, when invoicing, you should write "Snow White Toilet Paper" and "Jiutong Wire" instead of directly writing "Toilet Paper" and "Wire". In addition, compared with invoices issued by hand, invoices printed by tax control devices and special invoices for value-added tax have more probative power because their management and use are more strict and standardized.
2. Contract (or agreement): Contract and agreement are important evidence and basis for economic entities to participate in economic activities, so they can be used as effective evidence for trademark use. However, many contract (or agreement) terms seem strict, but the trademark logo is not obvious. In particular, some service agreements are not marked with trademarks at all and cannot be used as evidence for effective use. Therefore, when concluding a contract and signing an agreement, the trademark must be clearly marked, and it is best to write down the name and registration number of the registered trademark, leaving effective evidence for the use of the trademark.
3. Advertising articles: advertisements include advertisements for goods and services published in various media such as radio, television, newspapers and magazines. Advertising is an important way for enterprises to publicize their trademarks, goods and services. The logo of trademarks is mostly in a prominent position in advertisements and is a good evidence material. However, some advertising methods, such as TV advertisements and outdoor advertisements, are difficult to prove the use of trademarks as direct evidence because they cannot provide the time information of advertising release. Advertisements in newspapers, magazines, conferences, expositions and trade fairs are more direct and powerful evidence because they can provide important information such as time and trademark identification. However, the advertising contract signed with the advertising company can be used as evidence of effective use as long as the trademark name is identified in the contract.
4. Packaging: Packaging includes packaging of commodities, packaging of service articles or containers, etc. Because it is difficult to determine the specific time of printing and using a simple package or container, other evidence is needed to support it. For example, the contract signed with the printing factory when printing is entrusted, etc., and the contract should indicate the trademark name.
5. product inspection report: the product inspection report issued by the superior quality supervision department, trade associations and other authoritative institutions to prove the quality of the goods, with strict procedures and clear labels on the contents of the report, is a good trademark use evidence.
6. Certification materials for trademark printing: Trademark printing is a prerequisite for trademark use, so certification materials for trademark printing are also a powerful evidence for trademark use. However, in actual cases, many enterprises directly provide some trademarks in kind, but can not provide proof materials for printing these trademarks. It is often impossible to confirm the specific time when these trademarks were printed and used. Therefore, when printing trademarks, enterprises must choose printing enterprises with good reputation and business scope including "trademark logo printing". Such printing enterprises have a perfect management system for trademark printing, complete registration and custody records of printing time, trademark name and printing client, and standardized invoicing and contract conclusion, which can provide strong evidence for the use of trademarks.
other materials that can be used as evidence of trademark use include product specifications, LI inspection and quarantine certificates for goods entering and leaving, and product declaration forms. However, all the above-mentioned single materials may not be able to fully prove the use of a trademark, so it is often necessary to have a variety of evidence materials to confirm each other and form an effective evidence chain to fully prove the use of a trademark.