What are the characteristics of unregistered trademarks
1. Uncertainty.
It means that although the right holder actually possesses a certain trademark for a certain period of time, he may eventually lose the trademark because he fails to apply for registration in time. Because our country implements the registration principle, this kind of thing happens often. When two or more companies that produce the same or similar goods have identical or similar trademarks, according to the registration principle, the one that applied first will be allowed to register. For those applying for the latter, not only will their trademarks not be allowed to be registered, but they will also not be allowed to continue to be used, otherwise it will constitute infringement.
2. Vulnerability.
This is reflected in the fact that it is easy to be violated and difficult to obtain protection. In fact, under normal circumstances, the trademark authorities provide basically no protection for unregistered trademark rights, and the protection that judicial departments or other relevant departments can provide to unregistered trademark rights holders is also very limited.
In addition, if an unregistered trademark violates the prohibition clause and the goods marked are shoddy, passed off as inferior, and deceived consumers, the holder of the unregistered trademark will be punished or sanctioned .
Unregistered trademark means that the right holder actually owns a certain trademark but has not applied for registration of the trademark with the trademark authority. The rights enjoyed by unregistered trademarks include the right to use, the right to income, the right to dispose of, etc., but they are not protected by law.
The role of a registered trademark
The trademark registrant enjoys the exclusive right to use the trademark and also has the right to license others to use it. Trademarks for compensation.
The length of protection for trademark rights varies from country to country, but after the expiration, the trademark can be renewed for any number of times as long as additional fees are paid. Trademark protection is implemented by courts or administrative agencies. In most systems, courts and administrative agencies that manage trademarks have the power to stop trademark infringements. Generally speaking, court rulings areHas final effect.
In a broad sense, a trademark is a reward for the trademark registrant, allowing its goods or services to gain recognition and economic benefits. The trademark also encourages creativity and a positive attitude. . Trademark protection also prevents unscrupulous competitors, such as counterfeiters, from using the same or similar marks to promote inferior or different products or services. The trademark system enables skilled and enterprising people to produce and sell goods and services under the fairest possible conditions, thus promoting the development of international trade.
The above is the relevant legal knowledge about "Characteristics of Unregistered Trademarks" compiled by the editor for you. Unregistered trademarks are uncertain and fragile, so we should register trademarks as early as possible. If you have other legal knowledge that you need to know, the Legal Savior Network also provides online legal knowledge consultation. You are welcome to provide legal knowledge consultation.
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