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Can I use his trademark as the title for consignment of 1688 goods?
Can I use his trademark as the title for the goods sold in 1688?

If I sell the goods on a commission basis, I'll ask him to give you an authorization certificate for safety.

Then you can use the trademark keywords legally.

Be sure to pay attention to this. Can I use the name of other people's registered trademarks?

If you are authorized by the applicant, you can use it. If you are not authorized, it is an infringement. I hope to adopt

Can you use different trademarks for the same commodity?

Yes. There is no limit to the number of trademarks that can be registered on the same commodity in the country. There are two situations for your reference: first, a trademark has been registered on a certain commodity, and it has gained a certain popularity after a period of market operation. In order to prevent others from using the same or similar trademarks with their own trademarks on the same or similar commodities, several similar trademarks are registered on the same commodity. For example, Wahaha Group not only registered the Wahaha trademark on children's drinks, but also registered Hahawa, Wahawa, etc. If these names are not registered, it remains to be determined whether it constitutes infringement when others use these names on the same kind of goods, but once registered, it will inevitably constitute infringement. Two, with a trademark as the mainstay, use different trademarks on different series of goods of the same kind, thus subdividing the market and improving the market share. Wuliangye Group, for example, is led by Wuliangye trademark, and under it, it has continuously introduced Wulianghuang and Wangliangchun to occupy different levels of markets.

different trademarks can be used for the same commodity.

when applying for trademark registration, the category and name of the goods using the trademark shall be filled in according to the prescribed commodity classification table. Where an applicant for trademark registration applies for the registration of the same trademark on different categories of goods, it shall file an application for registration according to the classification of goods.

there is no limit to the number of trademarks that can be registered in the same commodity.

There are two situations for your reference:

First, a trademark has been registered on a certain commodity, and it has gained a certain popularity after a period of market operation. In order to prevent others from using the same or similar trademarks with their own trademarks on the same or similar commodities, several similar trademarks are registered on the same commodity. For example, Wahaha Group not only registered the Wahaha trademark on children's drinks, but also registered Hahawa, Wahawa, etc. If these names are not registered, it remains to be determined whether it constitutes infringement when others use these names on the same kind of goods, but once registered, it will inevitably constitute infringement.

second, we should focus on one trademark, and use different trademarks on different series of goods of the same kind, so as to segment the market and increase the market share. Wuliangye Group, for example, is led by Wuliangye trademark, and under it, it has continuously introduced Wulianghuang and Wangliangchun to occupy different levels of markets.

Characteristics of trademark rights:

1. Trademark rights have the general characteristics of intellectual property rights

(1) Specificity

Specificity, also known as exclusivity or monopoly, means that trademark owners have the exclusive right to use their registered trademarks. Once this right is obtained, it is exclusive, and no one else may use it without the consent of the trademark owner, otherwise it will constitute infringement and legal responsibility will be investigated.

the exclusive right to use a trademark is a right granted by law, and its exclusive use must also be under the provisions of the law, meet the conditions stipulated by the law, and shall not be abused.

(II) Timeliness

Timeliness refers to the effective period of a trademark right. Within the validity period, the trademark right is protected by law. After the expiration date, the trademark right is no longer protected by law.

the trademark laws of various countries generally stipulate the validity period of trademark rights, ranging from 2 years to 7 years, most of which is 1 years, and China also stipulates that it is 1 years. There are also a few countries that do not stipulate the time limit. As long as it does not violate the law, the registrant can enjoy the trademark right indefinitely. Countries that stipulate the effective period also stipulate that they can request renewal upon expiration. However, if the trademark registrant fails to apply for renewal or the application is rejected, it will lose its trademark right.

(III) Regionality

Trademark rights have strict territoriality, which is commonly referred to as the "territoriality principle", that is, the trademark rights enjoyed by trademark registrants can only be protected in the country that granted the right, but will not have legal effect in other countries. If you need legal protection from other countries, you must apply for registration in that country or apply for international registration of trademarks in accordance with the provisions of that country's laws. Therefore, the trademarks of China's export commodities should not only be registered in China, but also be registered in the countries or regions where they are sold in time. Otherwise, once registered with the same or similar trademark in foreign countries, China's export goods using the trademark can no longer enter the country or the region, thus affecting the sales of Chinese goods in the international market.

with the increasingly frequent international economic exchanges, since the end of the 19th century, countries all over the world have successively signed a series of international conventions on the protection of trademark rights. However, the legal feature of regionality of trademark rights has not ceased to exist. The international convention on the protection of trademark rights does not and cannot provide a set of internationally unified substantive laws on trademarks for member States. Therefore, even if a country participates in an international convention for the unified protection of trademark rights, whether its foreign-related trademarks can be protected by the contracting parties still depends on the domestic laws of the contracting parties. Dealing with trademark issues is still based on the domestic laws of the contracting States.

second, the characteristics of the trademark right itself

in addition to the general characteristics of intellectual property rights, trademark rights also have their own characteristics.

(1) The effective scope of the prohibition right of the trademark right is greater than the effective scope of the right to use

It has been pointed out in the previous section on the contents of the trademark right that the effective scope of the prohibition right is greater than the effective scope of the exclusive right to use. This feature of trademark right is not only different from property ownership, but also different from copyright and patent right.

the owner has the right to possess, use, dispose of and benefit from the property he owns, and has the right to prohibit others from possessing and using it without permission. The scope of this prohibition is strictly limited to the property owned by the owner, and it is impossible to enjoy the prohibition beyond the scope of his possession and use. Within the scope of intellectual property rights, copyright and patent right do not have the prohibition right beyond the scope of use right. The copyright owner enjoys the right to use the work and gains income by exercising the right to use it. Article 1 of the Copyright Law lists more than ten rights enjoyed by copyright owners to use a work, such as copying, performing, playing, exhibiting, distributing, filming movies, television, video recording, adaptation, translation, annotation and editing. Copyright owners can use their own works and get paid by authorizing others to use them. Of course, the copyright owner has the right to prohibit others from using it without permission. However, the prohibition right enjoyed by the copyright owner not only cannot exceed the scope of the right to use it, but also is subject to certain restrictions: in some cases, others can use the work without the permission of the copyright owner and pay no remuneration to it; Or in accordance with the provisions of the law, you can use the work in a specific way without the permission of the copyright owner, but you should pay the royalties to the copyright owner. The former is called fair use and the latter is called legal license. If others use the copyright owner's work within the scope of fair use or legal permission, the copyright owner has no right to prohibit it. It can be seen that the effectiveness of the copyright owner's prohibition right is less than the scope of his right to use it. The patentee has the right to prohibit others from manufacturing, using or selling their patented products or using their patented methods and using or selling products directly obtained by the patented methods without permission, and to prevent others from importing their patented products or products directly obtained by their patented methods without permission. The patentee's right to prohibit anyone else from exploiting his patent without permission is also within the scope of his patent. That is, the patentee's prohibition right is only exercised within the scope of the invention-creation of the patent he has taken, and cannot be extended to the adjacent technical scope outside his own invention-creation. In other words, what the patentee has the right to prohibit can be implemented by himself according to the obtained patent. Trademark rights are different. Although the trademark owner has the right to prohibit others from using the same or similar trademarks on the same or similar goods approved by his registered trademark, he himself has no right to use the registered trademarks on the goods similar to the approved goods, nor to use the trademarks similar to his registered trademarks on the approved goods, nor to use the trademarks similar to his registered trademarks on the goods similar to the approved goods.

the characteristic that the prohibition right of trademark is more effective than the use right is determined by the different nature of marks, works and inventions. Taking trademarks and works as examples, once a work is created, it can be expressed in different ways, such as copying, playing and performing, and it can also be translated and adapted for use. Various forms of use will not only dilute the connection between the author and the work, but also expand people's understanding of the connection between the author and the work. As a mark, a trademark needs to be repeated countless times to communicate with the trademark owner. The more unique this performance is, the closer it is to everyone, and the more stable consumers' cognition is. On the contrary, it can confuse the contact between trademark and trademark owner, and make consumers misunderstand. Because of this, the law gives the trademark owner the prohibition right beyond the effective scope of his right to use, and its purpose is not only to use his registered trademark exclusively, but also to safeguard the legitimate rights and interests of consumers.

(II) Trademark right is a relatively permanent right

Intellectual property right is different from property ownership, which is limited by time, that is, after a certain period of time, intellectual achievements will enter the public domain, and people can use them without permission and without payment. For example, copyright laws in various countries stipulate that after the death of the copyright owner for several years (usually 5 years), they will no longer enjoy the property right of the works, and anyone can use their works without paying royalties and obtaining permission. As for the invention and utility model patents, after a period of time (usually 1 ~ 2 years) after authorization, they will become the common wealth of society, and everyone can freely implement their patents. Trademark rights also have a time limit, that is, the validity period. During the validity period, the trademark owner enjoys the exclusive right to use, the right to prohibit, the right to transfer and the right to use the license. After the validity period expires, he will no longer enjoy these rights, and after a certain period of time, others can register their trademarks through legal procedures and become new rights holders. But this time limit of trademark right is different from copyright and patent right. The time limit of copyright and patent right is absolute. When the time limit expires, the patentee and the copyright owner will lose the right to control their works or inventions forever. The trademark owner can continue to enjoy the trademark right by performing certain procedures, which is renewal, and it can be renewed without restrictions on the number of times, so that the trademark right actually becomes a permanent right. Of course, if the trademark owner wants to obtain this permanent right, he should apply for renewal in accordance with the law on time. If he fails to apply for renewal in time, he will automatically lose his trademark right. In addition, the application for renewal may be rejected because it does not meet the relevant provisions of the law at the time of renewal, which will also lose the trademark right. It is precisely because the trademark right has the great possibility of becoming a permanent right and because the trademark owner fails to renew it in time or the renewal is not approved, thus losing the trademark right, which makes it a relative permanent right. This is precisely the characteristic that it is different from copyright and patent right in timeliness.

(III) The basis and nature of the trademark right are different from copyright and patent right

Trademark right and patent right belong to industrial property right, but they are quite different from patent right and copyright belonging to intellectual property right in the basis or premise of the right generation. First of all, copyright comes from the creation of a work. Patent right comes from making an invention and creation. Of course, patent right is not like copyright, which comes into being as soon as a work is created, and it must be authorized by the state. But they have one thing in common, that is, they all produce intellectual achievements through their own intellectual labor. Therefore, creating intellectual achievements has become the premise and basis for obtaining copyright and patent rights. A trademark is composed of words or graphics, but words and graphics do not become trademarks unless they are associated with specific goods or services. The basis and premise of trademark right is not who created a certain mark, but who linked the mark with a specific commodity. When this connection is fixed through legal procedures, it will become a right protected by law. It is precisely because of the different basis and premise that the nature of rights is different. Copyright and patent rights are based on the completion of intellectual achievements, so the right holder obtains the right to make full use of their achievements. However, due to the consideration of the overall interests of society, its prohibition right has been limited to some extent. The premise and foundation of trademark right is to associate a certain mark with a specific commodity. The scope of the exclusive right of use granted to the trademark owner by law only restricts the use of the approved registered trademark on the approved goods without any change. In order to ensure this exclusive right of use of the trademark owner and prevent confusion, the law gives the trademark owner a prohibition right much wider than the exclusive right of use, but does not impose any restrictions on his exclusive right of use.

(4) The trademark right does not include the rights of the trademark designer, but pays more attention to the rights of the trademark owner.

The personal rights of the trademark designer, such as the right of publication and the right of signature, are not reflected in the use of the trademark. It is not protected by the trademark law, and the trademark designer can protect it through other laws. If trademark designs can be protected as works of art through copyright law, trademark designs closely related to product appearance can also apply for design patents to be protected through patent law. Some people think that trademark rights do not include personal rights, but only property rights. From the perspective of protecting the rights of trademark designers, it is not unreasonable. Compared with patent rights and copyrights, personal rights in trademark rights are indeed weak, but trademark owners have the right to indicate the name and address of trademark owners in the use of trademarks. It cannot be completely said that there is no personal rights in trademark rights. It can only be said that in practice, the exercise of trademark rights is more reflected in the exercise of their property rights. Can the company use other people's unregistered trademarks?

Just because you need a business license to apply for a registered trademark, your application will be rejected. Can you use daily specials in the title of Taobao products?

Hello:

It can't be used.

the daily special can only be used for the products that have already participated in this activity. In fact, there are two solutions to the problem of when someone else's trademark can be used: 1. Sign a transfer contract with the trademark owner and transfer it to you or your company. 2. If the other party doesn't want to change hands, you can ask the other party for permission to you or your company.

However, both methods may not be acceptable to the other party, so the matter should be solved through other legal channels. Because no matter whether the license or transfer involves legal and job-changing negotiations, it is recommended that you handle it through professionals. We have planned many such projects in Beijing.