Legal subjectivity:

How to judge whether a trademark is used reasonably 1. In addition to using words and graphics that are the same or similar to other people’s trademarks, whether other explanatory words are also added The criterion is to show its "explanatory nature". In order to describe the model, quality, main raw materials, functions, uses, weight, quantity and other characteristics of this product, the merchant may have to use other people's trademarks. However, if the merchant adds "main ingredients", "function", Descriptive words such as "how to use" can greatly reduce the possibility of confusion. 2. The judgment standard is whether the words and graphics used by the defendant are used as trademarks, or whether the words or graphics are sufficient to identify and distinguish the source of the goods. Since the defendant has no subjective intention to use the words and graphics as trademarks, and objectively it is fundamentally If it is not enough to identify the source of the goods, and consumers will basically not confuse the goods based on the words and graphics, then this kind of use will not infringe the trademark rights, but fall within the scope of fair use. 3. The judgment criterion is whether the significance of the descriptive text is deliberately emphasized when using the descriptive text. The way in which the descriptive text is used is an important criterion for inferring the subjective intention of the user. If the user places someone else's registered trademark in a prominent position on the product, or even enlarges the font, adds bright colors, performs artistic processing, etc. in order to attract attention, but places other descriptive words and his own registered trademark in an inconspicuous position, , then it is easy to infer that the user has the subjective intention of free riding, and objectively it is easy to cause consumers to confuse the source of the product, so it should not fall within the scope of fair use. 4. The judgment criterion is whether it is also marked with its own trademark. If a user uses the same or similar words and graphics as other people’s registered trademarks to describe his own goods and also marks his own goods, it can be inferred that there are more users. If it is used as a product description, there is no or no intention of unfair competition or free riding, and generally such use will not lead to misidentification of the source of the product, then this should be regarded as fair use. 5. Use business practices and opinions of industry associations as judgment criteria. If the name used by the user is his or her own name, trade name, or the name, shape, origin, etc. of the product, it is relatively simple and easy to identify. However, the explanatory text on the quality, function, etc. of the product has a wide range and it is difficult to distinguish. At this time, it is very important to understand the business practices. If a lawsuit occurs, consult the industry association for opinions before making a judgment. It's easier. 6. The criterion for judgment is whether the plaintiff is likely to suffer a decrease in profits and damage to reputation due to the defendant's use. Objective consequences are also an important criterion for fair use of a trademark. If the plaintiff's reputation is damaged and its business performance drops significantly after its trademark is used by the defendant, as long as there is definite evidence to prove that there is a direct connection between such consequences and the defendant's use, it can be concluded that the defendant's use infringed the plaintiff's trademark. rights, thereby damaging the plaintiff's normal business activities, it should be an act of unfair competition, and is excluded from the fair use of the trademark. The above six standards are not mutually exclusive. In many cases, we must clearly examine the facts and comprehensively use all the standards to make a more pertinent judgment. The relevant experience needs to be enriched in practice, and the relevant systems need to be strengthened. Complete. If you have other legal questions, please feel free to consult the relevant lawyers on the website.