The basis for prohibiting registration and use is whether the use of the trademark will cause confusion and misidentification of the source of the goods. The prior user did not realize the importance of trademark registration, and the trademark he used was registered by others, but the trademark was registered by others but was not used on the goods. This situation lacks the consequences of product confusion. Generally speaking, defensive registered trademarks will not be actually used by the trademark registrant on the approved goods. It is a passive protection method for the exclusive rights of the trademark on the main goods, that is, purely defensive registration. Such an approach is often difficult to prevent, and most of them There will be no actual confusion over the approved goods. Therefore, it should be emphasized that the protection of the exclusive right to use a trademark is to protect the exclusive right to use the trademark on the goods actually used, and to prohibit the use of the trademark from confusing the source of the goods. Fair competition should be fair competition between actually used goods. It is a way of prospering goods and services through the role of trademarks, promoting the further development of productivity and further improving the quality of people's lives. Those who only rely on the rights in legal documents obtained through legal procedures to actively take measures to prohibit others from prior, reasonable and good-faith use of trademarks are not actions supported by trademark law, nor are they granted exclusive use of trademarks by the Trademark Procedure Law. the purpose of rights. Article 37 of the Trademark Law specifically stipulates that applying for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that is already used by others and has a certain influence. This provision, on the premise of protecting the interests of trademark registrants, fully considers the legitimate rights and interests of prior trademark users. It also fully emphasizes the social significance of actual use of trademarks. Regarding the use of trademark registration marks, the new law is different from the original law, which is mainly reflected in two words, that is, the "should" mark is changed to the "right" mark. The difference between the two words actually further clarifies that the use of the trademark registration mark is entirely the trademark registrant's own right, and others have no right to interfere. The direct consequence of whether a registered mark is used or not is to emphasize whether the registrant is willing to disclose its trademark rights status to the society through the use of the mark. If the registrant actively publicizes the goods and constantly reminds others of the scope of his rights on the goods, then the unauthorized use by others will constitute subjective and intentional plagiarism. Without publicity, there is the possibility of good faith use by others. Therefore, the author believes that in the sense of determining trademark infringement, the administrative penalties that should be borne by the unauthorized use of a registered mark can be heavier than those that are not marked. That is: when determining the legal liability of the infringer, The distinction should be made by considering whether the infringed party has marked the trademark registration mark. In addition, the new law adds restrictive regulations on the use of trademark registration marks, requiring that the registered trademark mark should be marked in the upper right corner or lower right corner of the trademark. ?The purpose of this provision is to regulate the use of registered marks by trademark registrants, and to prevent others from misunderstanding the contents of trademark registrations due to irregular use of marks. Regarding the misunderstanding caused by the use of registered marks, there are several subjective and objective factors that lead to misunderstandings in practice: First, the trademark law does not stipulate how many trademarks should be used on goods. The use of trademarks mainly adopts the principle of consciousness and voluntariness. In practice, trademark users can use one trademark or multiple trademarks on the same product, and can use registered trademarks or unregistered trademarks (tobacco products must use registered trademarks). Second, the trademark law does not stipulate whether the trademark rights for multiple trademarks used on the same product must belong to the same trademark registrant. In practice, there are situations where multiple trademarks on the same product belong to different trademark registrants. Third, trademark law does not stipulate whether multiple trademarks used on the same product indicate the source of the product. In practice, there are already multiple trademarks on the same product. Some indicate the source of the product, while others indicate the source of the raw material or sales channel of the product. Therefore, we should pay attention to the use of trademarks, especially the use of registered trademark marks, distinguish their rationality and legality, and better exert the distinguishing role of trademarks. For those who use two or more registered trademarks, the user may not use the registration mark or mark the registration marks separately.Using two or more registered trademarks and using only one registered mark to mislead others into thinking they are one registered trademark, and joint use of two or more registered trademarks that changes the approved content of the original registered trademark constitutes an act of passing off a registered trademark. , shall bear liability for trademark violations. If the above-mentioned illegal use is identical or similar to someone else's registered trademark, it is a trademark infringement and you should bear the liability for trademark infringement. Author's unit: Trademark Office of the State Administration for Industry and Commerce