How to Use Trademarks Legally in Trade Business in China?
There are many problems in using trademarks during foreign trading optionally and without standard among businessmen and enterprises, which cause trademark infringement. To avoid infringement and to protect your own trademarks, you may get to know the following contents about the use of trademarks.
Interpretation of the use of trademarks
Trademark is the product generated from business or trading activities to distinguish the sources of commodities. The use of trademark indicates the act of using trademark in the course of trading or doing business.
The use of trademark referred to in the article 48 of Trademark Law of the People’s Republic of China states,
“…among other things, the use of trademarks on goods, packages or containers thereof and commodity trading instruments, or use of trademarks in advertisements, exhibitions and other commercial activities to distinguish the sources of commodities.”
The forms of the use of trademarks
Here are three forms based on the Rules for the Implementation of the Trademark Law of the People’s Republic of China for your reference.
The use of trademarks on goods,
packages or containers
The use of trademarks on goods, packages or containers means sticking trademarks on goods, packages or containers by attaching, marking, knitting or stigma.
“Packages” herein refers to the carriers applied to commodities so as to distinguish commodities and for carrying, storage and transportation. “Container” is one of the package object.
The use of trademarks on displays or exhibitions
Though trademarks can not be labeled on commodities naturally, there are some ways to connect logos of trademarks with commodities, making consumers believe this trademark is playing a role of distinguishing the sources of commodities.
This process belongs to the use of trademarks. For example, commodities for sale on the places or counters with special trademarks may not belong to the certified commodities of these trademarks. This kind of use of trademark aims to use others trademark to sell businessmen’ own products. It is also the use of trademark though no trademarks labeled on the commodities directly.
The use of trademarks on commercial documents or in advertisements
The use of trademarks on commercial documents or business documents and in advertisements is also the use of trademarks. Commercial documents include contracts, business letter, envelopes, invoices, price lists and so on.
Advertisement is a form that introduce the commodities produced or sold by businessmen or the services provided by them directly or indirectly through certain electronic media. Advertising medias include writing materials like newspapers, periodicals and posters, and audiovisuals, such as broadcasting and televisions.
Situations are not the use of trademarks
The publishment of trademark registration information or the announcement about registered trademark right from trademark registrant.
Commodities or services with trademarks haven’t been used in public business fields.
Commodities with trademarks are not for sale.
Trademarks are only for transfer or license rather than actual use.
Trademarks are only for symbolic using for maintaining trademark registration.
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REF | http://sbj.saic.gov.cn/sbsq/sqzn/201808/t20180813_275533.html
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