How to use the R symbol for a registered trademarkJun 2021 |
| How to use the R symbol for a registered trademark |
| Many companies are very excited about their successful registration of trademarks after putting a lot of efforts. However, how could we use this trademark to develop our brand? More importantly, how to use trademarks properly and appropriately? Let’s talk about how to use the trademark in the right way. |
| A. Standard of trademark usage |
| In order to be qualified as standardized use, the use of trademark after registration has to satisfy the following three conditions: |
| 1. The actual user and the registrant of the trademark are the same, unless the former is the licensee of the latter; |
| 2. The trademark logo is consistent with the one on the trademark registration certificate; |
| 3. The use of trademarks is limited to the scope of approved goods or services. |
| B. Types of unstandardized use of trademarks |
| 1. The subject of trademark in use is different from the one registered. It includes the omission of amendment procedures after the change of the name of the registered subject, resulting in inconsistency between the trademark user and the registrant. |
| 2. The actual use of trademark is inconsistent with the one on the registration certificate. These inconsistencies include colour and font irregularities, as well as other unauthorized changes on the registered trademark. |
| 3. The scope of use is not within the approved scope. For example, typically, trademarks that are only approved in clothing are used in catering, with the registration symbol. |
| C. Adverse effects of improper use of trademarks |
| 1. Without effective legal protection, it is likely to face revocation; |
| 2. It is likely to receive administration punishment; |
| 3. It may infringe the trademark rights of others inadvertently, and thus face the risk of being sued. |
| D. Suggestions on correct use of trademark |
| 1. The logo, owner, address, approved goods and services in actual use of trademark should be consistent with that on the registration certificate; |
| 2. If the name of the aforementioned owner or address is changed, you should amend the relevant trademark accordingly and timely; |
| 3. If the scope of actual use of the logo or businesses exceed that of goods and services approved by the Trademark Office of the State Administration for Industry and Commerce, a new application for trademark registration should be submitted. |
| 4. If the trademark is permitted to be used by others, a trademark license should be filed timely; |
| 5. The owner should keep the evidence of usage properly so as to prevent others from filing an application for revocation on the grounds of not using it for three consecutive years. |
| The successful registration of trademark is worthy of joy, but it is also necessary to pay attention to the correct and standardized use of the trademark in order to avoid infringement or even cancellation of the trademark. |
 COPYRIGHT BKIP 2021
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