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8.1.5 Under what circumstances would a trademark be deemed in use?

The use of a trademark means that the trademark right holder uses the registered trademark for identifying the source of the goods/services it represents. Objectively, the manner of use shall adequately allow consumers to recognize the trademark and to distinguish the goods/services from those offered by others. The manner of use may refer to the following: (§5, Trademark Act)
Labeling a two-dimensional graphic on goods or their packaging or containers or on stickers, manuals, price lists, or product catalogues or other articles such as business articles or documents in connection with services to be provided (including paper napkins, name cards and price lists of restaurants), or using a two-dimensional graphic in connection with newspaper, periodical and magazine advertisements.
Promoting the goods or services offered under a certain trademark through digital audio-video or electronic media such as TV, radio, electronic signboard, TV wall, electromagnetic recording or Internet.
Other media that may identify the source of goods/services, for example, posters on the externals of buses and moving publicity vehicles.
The proof of use furnished shall be capable of establishing the genuine use of the trademark in accordance with general commercial practices. (§67Ⅲ;57Ⅲ, Trademark Act)
  • Publish Date : 2008-04-23
  • Update : 2019-03-25
  • Organization : International Legal Affairs Office
  • Visitors : 491

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