ALIPO IP ATTORNEYS

How to use a trademark correctly?

The term “use of trademark” must at least satisfy the following two requirements: (1) the user must have the subjective intention of using the trademark in the course of trade; and (2) objectively, the use of which must be able to make relevant consumers recognize the trademark as such. The ways to use include applying a trademark to goods or packaging or containers thereof; possessing, displaying, selling, exporting, or importing the goods referred to in the preceding subparagraph; applying a trademark to articles relating to the provision of services; applying a trademark to commercial documents or advertisements relating to goods or services; or applying a trademark by digital audio-visual means, through electronic media, on the Internet, or through other media. The evidence of use of a registered trademark provided by the proprietor shall comply with the general practice of trade. (Paragraph 3 of Article 57 applies mutatis mutandis to Article 67 of the Trademark Act)

In principle, a registered trademark should always be used in its entirety as it was originally registered. However, use of a registered trademark in practice in a form which differs from the form in which it was registered, but does not affect the identity of the trademark according to general concepts prevailing in the society, shall be deemed to use the registered trademark.

When actually used, a registered trademark should be used in its entirety; use of any part thereof alone is not allowed. Partial use is not considered use of the registered trademark.
 

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