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Do products need to be trademarked?
Release Time：
2023-08-03
According to the relevant provisions of my country’s Trademark Law and the Implementing Rules of the Trademark Law, trademark registration is voluntary and not compulsory.(Compulsory registration is an exception to the rule, which only stipulates that certain specific goods require compulsory registration. There is no compulsory requirement for trademark registration for other goods.) You can register or not, it all depends on your wishes.
However, if you do not register a trademark, you will no longer be able to use it once it is registered by someone else. There are several dangers in using a trademark without registering it:
1. The user does not enjoy the exclusive right to trademark
●You only have exclusive rights to trademarks because you have registered them. If the trademark you use is not registered, you do not have exclusive rights and others can use it. In this way, the role of trademarks in indicating the source of goods is relatively weakened, and the role of trademarks in representing product quality and reputation is greatly reduced.
2. Trademarks are easy to be registered
● According to the relevant provisions of the Trademark Law , the exclusive right to use a trademark can only be obtained through trademark registration. When applying for trademark registration, the first-to-file principle is adopted. Once someone else registers it first, the first user of the trademark will no longer be able to use the trademark.
3. Violate the rights of others
● An unregistered trademark may be identical or similar to a registered trademark used on the same or similar goods, resulting in infringement. As long as it is an infringement, no matter what your original intention is, you will be punished and you will have to compensate for economic losses, which will affect your company's production and operation activities.
4. Cannot become intangible assets
●Users of unregistered trademarks do not enjoy exclusive rights to trademarks, are not protected by law, cannot form industrial property rights, and therefore cannot become the user's intangible assets.
Enterprises register trademarks only after their products or services have had a certain impact on the market. It often happens that the trademark has been registered by others first, resulting in the trademark user being unable to register. Registering in time is an important step to avoid losses. After reading this, do you still want to continue using unregistered trademarks?
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