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A brief discussion of the limitations and exceptions to the exclusive right to use trademarks

Article 51 of my country’s Trademark Law stipulates: “The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use.” Regarding the restrictions on the exclusive right to register a trademark, past international Neither the treaty nor the trademark laws of most countries provide for this. However, with the development of economy and progress of society, relevant international treaties and the trademark laws of some countries have stipulated restrictions on the exclusive right to register trademarks. ((Article 16, paragraph 1, of the TRIPS Agreement) stipulates: “The owner of a registered trademark shall have the exclusive right to prevent any third party from using marks that are identical or similar to the registered trademark in trade activities to indicate the same or similar goods without permission. goods or services, so as to create the possibility of confusion. If the same mark is indeed used for the same goods or services, it shall be presumed that there is a risk of confusion. The above rights shall not damage any existing prior rights, nor shall they affect the rights of members based on use. Possibility of confirming the validity of rights. "Article 17 provides: "Members may provide for limited exceptions to trademark rights, such as fair use of descriptive words, as long as such exceptions take into account the legitimate interests of the trademark owner and third parties. " Japanese Trademark Law stipulates that the scope of trademark rights is determined based on the goods or services recorded on the application form submitted when applying for trademark registration and the trademark pattern affixed. The actual use of the trademark cannot be used as a basis for determining the scope of trademark registration. Afterwards, the trademark owner enjoys exclusive rights within the scope of the above-mentioned trademark rights. If others use the registered trademark or a similar trademark on the same or similar goods or services without the consent of the trademark owner, it will constitute infringement. However, The following situations are beyond the scope of the trademark right: first, when others express their portrait, name, title, nickname, stage name, pen name or their abbreviation in an ordinary way; second, when others express the goods or services or their abbreviations in an ordinary way; The common name, place of origin, quality, raw materials, performance, purpose, quantity, shape, price or production and use methods or periods of similar goods or services, or the common name of services or goods similar to the goods or services, and the place where they are provided , quality, things used in the service, performance, purpose, quantity, form, price or the method or period of providing the service; third, the customary trademark on the goods or services or similar goods or services; fourth, others have used it first Fifth, when someone else obtains a previously applied design right, my country's "Trademark Law" does not stipulate restrictions on trademark rights, unlike my country's "Patent Law" which has certain restrictions on patent rights and "Copyright Law" which has certain restrictions on copyright. Certain restrictions. Today, when counterfeiting other people’s registered trademarks and other infringements of registered trademark rights are rampant, my country’s Trademark Law does not stipulate restrictions on the exclusive rights to registered trademarks, which is conducive to protecting the exclusive rights to registered trademarks and combating them. Counterfeiting other people's registered trademarks and other infringement of registered trademark rights. However, with the further development of my country's socialist market economy and the further improvement of the socialist legal system, my country's Trademark Law should provide for restrictions on the exclusive rights to registered trademarks. Improve my country's trademark legal system. Article 6, paragraph 2 and article 49 of my country's "Regulations on the Implementation of Trademark Law" stipulate the following restrictions on the exclusive right to register a trademark: First, if a geographical indication is registered as a collective trademark, its goods A natural person, legal person or other organization that meets the conditions for using the geographical indication may request to join a group, association or other organization that registers the geographical indication as a collective trademark. The group, association or other organization shall be admitted as a member in accordance with its articles of association; no requirement Groups, associations or other organizations that participate in the registration of the geographical indication as a collective trademark may also use the geographical indication legitimately, and the group, association or other organization has no right to prohibit it. Second, the trademark owner has no right to prohibit others from using the common name, graphics, and model of the product contained in the registered trademark. Third, the registered trademark directly represents the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods, and the trademark owner has no right to prohibit others from legitimate use. Fourth, the trademark owner has the right to prohibit others from using the place name contained in the registered trademark.