First, the principle of preemptive right. Trademark preemption means that a trademark has been registered and obtained by others, but before being registered and obtained by others, the trademark has been used by others and has had a certain impact on consumers or the public. A prior user of a trademark may continue to use the trademark within the original scope without being bound by law.
The establishment of trademark registration system protects unregistered well-known trademarks and unregistered but influential trademarks, prevents malicious registration, and embodies fairness and justice. In reality, some enterprises may not apply for registration of their own trademarks for some reasons, but they have gained a certain goodwill among consumers. If the use of registered trademarks is prohibited on the grounds that they are not registered, it will constitute an infringement of later registered trademarks, which will encourage the behavior of getting something for nothing, enjoying the benefits for nothing, and opportunism, which obviously has no legislative intention.
Second, the principle of exhaustion. Exhaustion of trademark rights refers to goods with trademarks. After the trademark owner sells or transfers the goods for the first time in a legal way, the right subject cannot prohibit others from using or selling the goods on the grounds of trademark infringement. The principle of trademark exhaustion can also be called trademark exhaustion. What we need to pay attention to is that the right subject has lost control over the goods, but the exclusive right to use the trademark is still enjoyed by the right subject.
The principle of exhaustion of trademark rights is to prevent trademark owners from monopolizing the trademark commodity market and obtaining illegitimate interests other than trademark rights. The function of trademark is to distinguish the source of goods or services, represent the quality of goods and services and the reputation of enterprises, so as to guide consumers to consume and gain benefits. The circulation of trademarks with commodities flowing into the market is permitted by the system. However, even if the goods with the trademark are legally obtained, if the value of the trademark or the goodwill of the goods are damaged in the process of sale and use, there is also the possibility of trademark infringement.
Third, the principle of fair use. Fair use of a trademark means that the trademark owner allows others to use its trademark in good faith or uses the same or similar trademark without the consent of the trademark owner in some cases. Under such conditions, it does not constitute trademark infringement. Fair use of trademarks includes commercial fair use and non-commercial fair use.
Fair commercial use allows non-trademark owners to use registered trademarks in good faith in their own business activities, without harming the interests of trademark owners or excessively harming the interests of trademark owners. The non-commercial use of a trademark means that the actor does not use the trademark function for profit, but simply uses or quotes a registered trademark in some news reports, scientific research or comments that have no commercial value. This kind of behavior will not bring harm to the trademark owner and does not constitute trademark infringement.
These are the three principles of trademark infringement defense. If you want to know more, you can visit our trademark transfer network.