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Do you understand the risks of using a trademark without registration?
Release Time：
2022-07-07
Trademarks can be seen everywhere in daily life, and only the trademarks approved and registered by the trademark administration agency are registered trademarks and enjoy legal protection. Businesses do not apply for registration can also use trademarks, but the use of unregistered trademarks is a certain risk, the following will follow a deep credible look.
1. Trademarks are not protected by law
Trademarks approved and registered by the Trademark Office shall be registered trademarks, including commodity marks, service marks, collective marks and certification marks; The trademark registrant shall enjoy the exclusive right to use the trademark and shall be protected by law.
Therefore, the biggest risk of an enterprise using an unregistered trademark is that the trademark cannot be protected by relevant laws. The enterprise does not enjoy exclusive use of the trademark, and other enterprises may also use the trademark.
2. Trademarks are easy to be registered by others
Since the trademark is not registered, in the process of using the trademark, it may be registered by others. Once the trademark is successfully registered by others, the enterprise may not be able to continue to use the trademark, and the manpower, material resources and financial resources of promoting the trademark before will be wasted.
3.Easy to infringe on other people's trademark rights
If the unregistered trademark used by the enterprise is the same or similar to the trademark registered by others, it may violate the exclusive right of the enterprise to use the trademark, which will cause trademark disputes, and even let the two parties go to court. If it is finally determined that the enterprise has indeed violated the exclusive right of others to use the trademark, it may also compensate others for economic losses.
4. Brand image damage
Trademark is the cornerstone of the corporate brand effect, is to show the public the most intuitive sign, representing the brand image of an enterprise, trademark registration, will produce a lot of shoddy products, resulting in damage to the corporate brand.
5. Trademarks cannot become intangible assets of enterprises
In the field of intellectual property, intangible assets include patents and trademarks. China's Trademark Law stipulates that only successfully registered trademarks are protected by law in order to form trademark rights.
If the enterprise uses an unregistered trademark, the trademark will not be legally protected, and it will not be able to form a trademark right, and it will not be able to become an intangible asset of the enterprise.
Trademark is an indispensable intangible asset of an enterprise and a weapon for its development. Any enterprise in the promotion of the brand, the use of trademarks, early registration of trademarks can be assured of use and can maximize the protection of the legitimate rights and interests of enterprises are not infringed.
Source: Gold name label
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