Correct use of a trademark is the basis to maintaining the protection of the trademark. The use of a trademark shall suffice to allow consumers to identify the source of certain goods or services. The trademark should not be used as a generic name or description of goods if such usage will result in the loss of the distinctiveness of the trademark.
Trademark labeling in a distinctive form.
Trademark labeling is different from the description of goods or a decorative pattern, but instead, shall suffice to allow consumers to recognize it as an identifier for distinguishing the goods or services it represents from those provided by others. This is to prevent consumers from considering it as a general name, shape, or other descriptions of those goods or services.
The trademark in use shall be the entire trademark as registered.
The registration of a trademark invests the holder with the right to exclude another party’s use of the same or similar goods in respect of the same or similar trademark. Therefore, the entirety of a registered trademark shall be used and no division shall be made. Otherwise, the registration may be revoked because the registered trademark has not been put into use.
Do not make any change or additional notes to a registered trademark such that the trademark may be misidentified as another party’s.
Through the publication of a registered trademark, a third party is able to know the contents of the trademark and avoids making the same design or infringe upon the trademark. Thus, a trademark right holder shall use the trademark as it was registered, and shall not make any changes or additional notes thereon. If the use of a registered trademark insinuates another party’s goods such that confusion is likely to occur, the registration of the trademark may be revoked. If so, the original trademark right holder shall not be eligible, within three years from the date of revocation, to register or to be assigned or licensed to use another trademark identical or similar to the originally registered trademark. (§ 63Ⅰ(1)(2)；§ 65Ⅲ, Trademark Act)
The use of a trademark shall avoid insinuating anything or any improper behavior that may cause the public to misidentify the goods or services with respect to their nature, quality or place of origin and thus, consumers may misidentify or mis-purchase the goods or services. In the case of occurrence, the registration of the trademark may be revoked thereby. (§63Ⅰ(5), Trademark Act)