What are the consequences of not registering a trademark
The Trademark Law does not provide clear provisions on the protection of ordinary unregistered trademarks, so they are always in a state of no rights protection and may be prohibited from use at any time due to the approved registration of the same or similar trademark by others. Therefore, if you want to use a common trademark with security, it is best to register it.
The owner of a registered trademark enjoys the exclusive right to use the trademark. When the registered trademark is counterfeited and used by others, it constitutes trademark infringement. The trademark owner can request that the trademark be illegal. The user bears legal responsibility. The use of an unregistered trademark by a user of an unregistered trademark is a fact, not a right.
1. Registered trademarks are protected by law
Article 3 of the "Trademark Law" stipulates that, A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys exclusive rights to the trademark and is protected by law.
2. "Trademark Law" regarding unregistered trademarks In terms of protection, it embodies two characteristics:
(1) There are two types of unregistered trademarks protected by the Trademark Law, including unregistered well-known trademarks and registered trademarks. There are two types of unregistered trademarks that have a certain impact.
(2) The rights content of the two unregistered trademarks are different.
Give unregistered well-known trademarks the exclusive right to use, while only granting them priority registration rights for unregistered trademarks that have a certain impact. Article 13, Paragraph 1 of the Trademark Law stipulates: “If a trademark applied for registration for identical and similar goods is a copy, imitation or translation of a well-known trademark that has not been registered in China, and is likely to cause confusion, it shall not be registered and its use shall be prohibited.”
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