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What are the specific manifestations of the use of trademarks?

Release Time：

2022-07-25

1. Specify the form of trademark use on the goods

(1) Attaching the trademark to commodities, packaging, containers, labels, etc., by means of direct attachment, engraving, branding or weaving, or using it on additional labels, product manuals, introduction manuals, price lists, etc.;

(2) The trademark is used in the transaction documents related to the sale of commodities, including the use of commodity sales contracts, invoices, bills, receipts, commodity import and export inspection and quarantine certificates, customs declarations, etc.;

(3) The trademark is used in radio, television or other media, or published in publicly issued publications, and advertising is carried out by billboards, postal advertisements or other advertising means as a trademark or for the goods using the trademark;

(4) the use of the trademark at an exhibition or exposition, including printed materials and other materials provided at an exhibition or exposition using the trademark;

(5) Other forms of trademark use in accordance with the law

2. What are the specific forms of trademark use specified in the service?

(1) The trademark is used directly on the service site, including the use of service brochures, service site signs, store decorations, staff clothing, posters, menus, price lists, lottery tickets, office stationery, stationery and other supplies related to the designated service;

(2) The trademark is used on documents related to the service, such as invoices, money orders, service agreements, maintenance certificates, etc.;

(3) The trademark is used in radio, television or other media, or published in publicly issued publications, and advertising for the trademark or services using the trademark by billboards, postal advertisements or other means of advertising;

(4) the use of the trademark at an exhibition or exposition, including printed materials and other materials provided at an exhibition or exposition using the trademark;

(5) Other forms of trademark use in accordance with the law.

Supplementary case:

(1) The publication of trademark registration information or the declaration of the trademark registrant about the exclusive right to use its registered trademark shall not be regarded as the use of the trademark in the meaning of the trademark law.

2. The burden of proof that the contested trademark does not exist in the case of three consecutive years of disuse shall be borne by the registrant of the contested trademark.

The evidentiary materials used to prove that the contested trademark does not exist in the circumstances of ceasing to use for three consecutive years shall meet the following requirements:

(1) can show the use of the contested trademark logo;

(2) can show that the contested mark is used on the goods/services specified for use;

(3) The user who can show that the trademark is contested includes both the trademark registrant himself and others authorized by the trademark registrant. If the license is granted to others, it shall be able to prove the existence of the license;

(4) be able to show the date of use of the contested mark, and should be calculated three years forward from the date of withdrawal of the application;

(5) can prove the use of the contested trademark in the territory covered by the Trademark Law;

(6) It can be proved that the contested trademark is used openly, truthfully and lawfully in commercial activities.

3. Where a trademark registrant or licensee uses a registered trademark in respect of a commodity designated for use, the registration in respect of a commodity similar to that commodity may be maintained.

Source: China Trademark Magazine

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