When exercising the exclusive right to use a registered trademark, the registrant shall comply with certain restrictions in order to safeguard fair competition and the legitimate rights and interests of others:
The trademark registrant shall not use the registered trademark and the registered mark on the goods or services that have not been approved for use. The purpose of this provision is to ensure that the use of the trademark is consistent with the approved scope and to prevent abuse of exclusive rights.
l The common name, graphic and model of the product.
The trademark registrant shall not prevent others from properly using the generic name, image or model of the goods contained in the trademark.
l Description of product features.
The trademark registrant cannot prevent others from using the expressions in the trademark that indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods.
l Three-dimensional logo and product shape.
Within the scope of fair use, the trademark registrant cannot prohibit others from using three-dimensional signs that are identical or similar to the trademark, especially the shapes related to the nature, technical effect or substantial value of the goods themselves.
Pre-existing use of identical or similar trademarks
If another person has used a trademark identical or similar to the registered trademark on the same or similar goods before the trademark is registered, and it has a certain influence, the user may continue to use it within the original scope of use. The registrant cannot prohibit the use of the registered trademark, but may require the user to distinguish the registered trademark by adding an appropriate mark.
The above restrictions are intended to balance the rights and interests of trademark registrants with the need for fair competition, to ensure that the exercise of the exclusive right to use a trademark does not harm the legitimate rights and interests of others, and to maintain a fair market and an environment for innovative competition.
Trademark Registration