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商標使用指南

正確使用商標的關鍵是為了要保護商標專用權和鞏固商標。正確的商標使用也可提供商標所有權的資訊,並提供消費者清楚且輕鬆的辨識標誌。商標不僅是與競爭對手產品和服務的辨別方式,同時也加強了與商標及其所有人的關聯性。當商標被有效地正確使用,它能夠使打擊侵權商標訴訟時發生時提高額外賠償的可能性。 以下的使用指南,能夠幫助顧客實現這些目的。

商標使用作為一種形容詞

為了保證對商標權的保護,標記應作形容詞來應用。若以其他詞性使用,例如作為動詞或名詞,將會成為一種不理性的運用方式。該標誌應統一使用,應不共軛用作動詞。當商標使用不當時,一個標誌則會有”大眾化” 濫用的風險,而這樣就無法作為用來辨別的標誌。如果商標成為大眾濫用的,它則不再能夠作為識別商品,而且商標所有人有可能失去該商標的所有權利。舉個例子,手機和自動扶梯的商標就是是因為使用不當造成大眾濫用的例子。

區分商標

為了加強商標的正確使用,標記應與其他文字文章的字體有所區別。其中一些方法用來區分的標誌包括使用大小寫,斜體,顏色或字體。使用這些差異性來強調與它與商標的所有權者和正確使用商標作為產品或服務的標識符標記的關聯。標記的格式也應盡量保持一致。

適當使用註冊商標的注意事項

使用標記符號來通知他人的商標權。這些符號中的上部或下部右上角的標記之後的位置是否正確。使用標記符號的類型取決於此標記的類型是否一個已批准的聯邦註冊。商標在美國專利和商標局註冊以前,對註冊商標的相應符號應為™ (或℠的服務商標) 。之後登記註冊後,在美國則應使用聯邦註冊符號®。
在情況下,使用標記符號是不切實際的作法,符號應至少使用第一次出現的標誌. 此外, 腳註可用於指示在該標記的擁有者的合法權利。例如,車主可以在網站頁面的底部或產品包裝上提供一個通知, “產品™是公司,有限責任公司的註冊商標”或”服務℠是公司,有限責任公司的服務標誌。 “例如,為註冊商標,業主可以注意一下,例如說:” PRODSERV ®是公司, LLC的註冊商標。 “使用該通知可以用於非傳統商標(例如,產品配置,顏色等)尤為重要。

保護商標權利

正確使用商標的關鍵是要保證對商標權的保護,加強深受消費者的認可。上述指引是其中一個商標所有者應採取的第一個步驟,而具體到你的產品或服務的附加指南建議,避免第三方濫用商標。如果有關於這些準則有任何疑問或需要關於商標權的保護更多信息,請聯繫立峰專業律師事務所中心,專門從事智慧產權法(專利,商標,版權和許可協議)

 
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