What is the legal status of unregistered trademarks?

A registered Trademark refers to a trademark that has been reviewed and certified by the national trademark authority. It is protected by law and cannot be easily used or abused by others without its consent. Unregistered trademarks do not have these rights. So what is the legal status of unregistered trademarks? The editor of Legal Savior Network will introduce it to you below, hoping it will be helpful to you.

What is the legal status of unregistered trademarks

Our country implements a voluntary trademark registration system, so in practice There are two types of trademarks in use: registered trademarks and unregistered trademarks. The management of the use of registered trademarks has been described earlier, but unregistered trademarks do not just let it go just because they are not registered. They still need to be managed. Therefore, in the Trademark Law, the This makes the following provisions:

(1) When using an unregistered trademark, it is not allowed to pass it off as a registered trademark. If there is any impersonation, the local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may issue a notice or impose a fine.

(2) The use of unregistered trademarks shall not violate The prohibition clause of the Trademark Law is Article 10, because this prohibition clause applies to all trademarks and is the basic standard for trademarks. If there is any violation, it must be stopped and corrected within a time limit, and the local industrial and commercial administrative department may notify it or impose a fine. It must be emphasized here that legal persons, natural persons, etc. can choose to use unregistered trademarks, that is, they do not need to register the trademarks they use, but they must abide by the law, safeguard national interests, and social public interests, and must not violate social morality or interfere with public order. , it cannot be unrestricted because it is not registered, causing adverse effects on society, or even harming social public interests and violating the law.

(3) Use of unregistered trademarks, shoddy manufacturing, and passing off inferior products as good ones, Any behavior that deceives consumers shall be stopped by the local industrial and commercial administrative department, rectified within a time limit, and may be notified or fined. This is because unregistered trademarks also have the function of indicating the source of goods and ensuring the quality of goods. They must also be responsible to consumers and must not deceive consumers. If you are irresponsible for product quality, disregard credibility, and deceive consumers because your trademark has not been registered, you will be punished in accordance with the law.

If you encounter such problems, please read carefully the above content. So I hope the above answers provided by the editor of Legal Savior Network can solve your problems. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.