What are the pros and cons of using a pending trademark?

We know that applying for a Trademark has many benefits, such as obtaining exclusive rights for goods, increasing product visibility, and obtaining legal protection, etc. A pending trademark can be used, but what are the benefits of using a pending trademark? What are the disadvantages? Let’s take a look with the editor of Legal Savior Network.

What are the pros and cons of using a pending trademark

TM is the abbreviation of Trademark. The TM trademark has no legal effect. It just indicates that you are applying for this trademark to the State Administration for Industry and Commerce, but the State Administration for Industry and Commerce has not yet started the review. The "Trademark Acceptance Notice" you receive will have a sentence at the bottom: "Note: This notice only indicates that the Trademark Office has received the applicant's trademark application, and does not indicate that the applied trademark has been approved for registration." So even if you apply for a trademark that is exactly the same as a famous brand trademark, you can still get the "Trademark Acceptance Notice".

R is the initial letter of Register, which is approved for registration The trademark has obtained a trademark registration certificate and has corresponding trademark rights. It is exclusive, exclusive and unique. It belongs to the registered trademark owner and is protected by law. No enterprise or individual can use it without the permission or authorization of the registered trademark owner, otherwise it will bear infringement liability.

Can an enterprise use a trademark that is still under application? It can be used, but there are certain risks: for example, there is an identical or similar trademark before the enterprise applies for a trademark. The company's trademark registration was unsuccessful, and it was sued or complained about trademark infringement. Not only did it have to compensate others for their losses, but many of the company's early investments were also wasted.

So during the application period, if you really want to use the trademark: first, you must conduct a detailed trademark search to ensure to the greatest extent that there are no identical or similar trademarks before; second, you must It is necessary to control the various investment packaging and publicity costs related to the trademark in the application.

It is best for enterprises to carry out large-scale publicity and promotion after officially obtaining the trademark registration certificate, so as to prevent themselves from investing money and making wedding dresses for others. .

Can the trademark be used if it is still under application?

Can it be used?

There are two points to note when using a trademark:

One: It is a voluntary trademark registration Type, then the trademark can be used during the application process, but it cannot infringe the prior rights of others

Article 4 of the "Trademark Law" stipulates: natural persons, legal persons or other If an organization needs to obtain the exclusive right to use a trademark for its goods or services during its production and business operations, it must apply for trademark registration with the Trademark Office.

Two: It is a type of compulsory trademark registration, so the trademark cannot be used during the application process

According to Article 6 of the Trademark Law: Goods that must use a registered trademark under laws and administrative regulations must apply for trademark registration. Products without approval of registration may not be sold in the market.

To sum up, the trademark can be used while the application is still pending, but there are definitely certain risks involved. It is best for enterprises to obtain the trademark registration certificate before starting to promote their products on a large scale. If your rights and interests in this area have been violated and you need to defend your rights, you are welcome to go to the Legal Savior website to find a lawyer for professional consultation.