Trademark Registration Mark "R" Should Not Be Used Indiscriminately.

The Intellectual Property Department of an enterprise shall know all kinds of occasions where the trademark may be used, and make a review before using the trademark so as to ensure that the trademark of the enterprise is correctly used, including examining whether or not it is used correctly, and examining whether the commodity used is within the scope of trademark registration.

Is the trademark properly used? Intellectual property rights of enterprises What the department needs to pay attention to.

In practice, the most frequently consulted question of intellectual property advisers on this issue may be the use of registered logo. As we all know, some trademarks have been registered successfully in the trademark office. At this time, we may consider adding the registered logo to the top right corner of the trade mark. If the registration is not successful, the TM is usually added to the top right corner of the trade mark. However, sometimes there is no link between the use of trademark and the work of intellectual property. Because of negligence, the trademark with registered logo is not consistent with the trademark approved by the trademark office. If this is the case, it will bring about the consequences of violating the trademark law's provisions on the use of registered trademarks, but there is a legal risk. Therefore, even if a trademark of a company has been registered successfully, unless registered by an intellectual property consultant, it is not easy for enterprises to use the registration mark. As long as the marked TM is used, it indicates that this is a trademark used by the enterprise. The reasons are:

(1) from the actual market effect, consumers or customers are not trademarks legal experts. They recognize brand names. As for whether the brand has successfully registered as a registered trademark, consumers or customers do not care about it. Therefore, the promotion of sales volume may be very limited after the use of registered logo.

(2) there is another link that should be paid attention to, that is, the international mobility of commodities in today's society, and some of them have been legally registered in China. Packaging products Or products may flow into foreign countries with the needs of the international market, but they are not registered in foreign countries. Therefore, they may violate the local trademark laws and regulations.

(3) the registration of trademark registration marks has the function of informing the public that the trademark has been registered and that any counterfeiting is illegal. But registration is not the only way to achieve this effect. In fact, plus TM can also achieve this effect. After that, it shows that the brand is also a trademark. Whether or not a registered logo is not conveyed or conveyed, anyone can search the trademark to see if the trademark has been successful. register 。 Counterfeiters are not allowed to exempt themselves from infringement by claiming that they are not using the registered mark tag.

Therefore, the author recommends that even if a trademark that has been registered has been used strictly in accordance with the trademark registration logo under the control of the intellectual property consultant, it is advisable not to use the registered logo on the right corner but to add TM to the upper right-hand corner, indicating that this is a trademark. This will give the enterprise a lot of room for maneuver. If the use of the brand is used, it will restrict the use of the trademark and may be seized by someone with an ulterior motive, such as a competitor.

From the point of view of management, enterprises should establish a management system for the use of trademarks. Generally speaking, the use of trademarks may be involved in the following situations:

A, packaging design;

B, product display in webpage;

C, corporate and corporate product promotional pages.

D, product description;

E, directly printing trademarks on products;

F, platform design at the exhibition;

G, TV advertising and other advertisements.