Can an unregistered trademark be used as a brand?

Before the registration procedures are completed, the user of the trademark is not allowed to use it without authorization. Only after completing the formal registration process with the Trademark Office can an approved trademark activate its commercial use rights, and the corresponding goods or services can be circulated and sold in the open market. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Can an unregistered trademark be used as a brand?

About trademarks Regarding registration, we follow the principle of combining voluntary registration and compulsory registration.

Although voluntarily registered trademarks can be used in commercial activities before registration is completed, please note that such trademarks are not fully protected by law. Protection; in other words, if it is not registered and suffers from infringement, it will be difficult for the law to provide effective protection measures.

Once a trademark has completed the registration procedures, it can enjoy comprehensive legal protection in accordance with the law.

On the other hand, compulsorily registered trademarks are prohibited from being used in any commercial activities before being formally registered by the Trademark Office.

Only after the party successfully submits the application and obtains the corresponding authorization, the product can be put on the market for sale.

Article 6 of the Trademark Law of the People's Republic of China

For goods that require the use of registered trademarks under laws and administrative regulations, you must apply for trademark registration. Products without approved registration may not be sold in the market.

2. Selling counterfeit registered trademarksThe legal procedure is

Legal procedures involving the sale of goods with counterfeit registered trademarks are generally implemented as follows:

First of all , for the business of selling goods that are knowingly counterfeit registered trademarksBecause, if the sales amount involved reaches a certain level, you will be sentenced to fixed-term imprisonment of less than three years or criminal detention, and you will also face a fine;

Secondly, if the sales amount is huge , he will be sentenced to a fixed-term imprisonment of between three and seven years, and at the same time, he will still have to bear the penalty of a fine.

In addition, the crime of selling goods with counterfeit registered trademarks,specifically refers to the violation of trademark regulations, Knowing that the goods sold are counterfeit registered trademarks, but still selling them, and the amount of illegal gains is relatively large.