Trademark use: Those cases where the use of someone else's trademark does not constitute infringement!-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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Trademark use: Those cases where the use of someone else's trademark does not constitute infringement!

Release Time：

2023-03-23

Introduction

《Trademark Law of the People's Republic of China》Article 57 Any of the following acts constitutes an infringement of the right to exclusive use of a registered trademark: (1) using a trademark identical to its registered trademark on the same kind of goods without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark in respect of the same kind of goods, or using a trademark identical with or similar to its registered trademark in respect of similar goods, which is likely to cause confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark; (4) forging or manufacturing without authorization the marks of a registered trademark of another person or selling the marks of a registered trademark forged or manufactured without authorization; (5) replacing its registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market; (6) Intentionally providing convenient conditions for the infringement of another person's exclusive right to use a trademark, helping another person to actually infringe the exclusive right to use a trademark; (7) causing other damage to another person's exclusive right to use a registered trademark.

So, in what cases does the use of someone else's trademark not constitute infringement?

In fact, in the use of trademarks, it is legal to use others' trademarks under certain circumstances and does not constitute trademark infringement. Here are a few scenarios:

1. Fair report, comment, criticism and other reasonable quotation of third-party trademarks: In the news media, academic forums and other legitimate occasions, the use of other people's trademark symbols for the purpose of reporting, comment, criticism, research, etc., does not constitute infringement. It is only the user's responsibility to avoid misleading the public and not to damage the trademark rights of others.

2. Adjectives, surnames and place names in commodity packaging and advertising: The use of adjectives, surnames and place names of other people's trademarks in promotional materials such as commodity packaging and advertising does not constitute infringement. For example, drinks made from the "apple" variety of apples can be advertised as "apple-flavored drinks" without the need for authorization from Apple.

3. The registrant agrees to use the trademark: if the registrant allows others to use the trademark, or assigns or licenses the trademark, the licensee or transferee may lawfully use the trademark symbol, which does not constitute trademark infringement.

4. Trademark lack of distinctiveness: If the trademark does not have a clear degree of differentiation, that is, others can also use similar marks to represent the same goods or services, then it does not constitute trademark infringement.

5. Other legal reasons: Depending on the individual circumstances, involving certain legal provisions, it is possible to make the trademark user reasonably use the trademark of others. For example, under the Anti-Monopoly Law, in fair market competition, it may be required to use another company's trademark to show that one's product has superior features compared to the target product, and such use will not constitute trademark infringement. Source: Trademark Case

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