Trademark not registered can also be used! So why trademark it?-Q&A.-Shenzhen deep trust patent Agency Co., LTD

News Updates

NEWS CENTER

Related News

There is currently no data available

Home

Trademark not registered can also be used! So why trademark it?

Release Time：

2023-03-22

A client mentioned this problem before

It's taking too long to register a trademark

Is it okay if I don't register? Can I use an unregistered trademark?

Answer: It can be used. But the small letter needs to tell you that this use is also conditional.

The first case:

No one has registered the trademark, you can use it.

But the trademark can not be marked with the R mark, and if someone sees that your trademark is good, scramble to register your trademark, then the future use of the trademark, you will run into trouble.

The second scenario:

If a trademark is registered, you can use it with the permission of the trademark owner. If you don't have permission from the trademark owner, you can't use it. Otherwise, it infringes on someone else's trademark.

Perhaps you will say that some of the well-known trademarks around us, such as "Quanjude" and "Beibingyang", have not been registered trademarks before, but their trademarks are still protected.

Article 31 of the Trademark Law stipulates: "An application for trademark registration shall not prejudice the existing prior rights of others, nor shall it be allowed to preempt the registration of a trademark that has already been used by others and has certain influence by unfair means." If the latter half of the sentence is understood in reverse, can it be explained like this: when an unregistered trademark has been used and has a certain influence, it can be protected by the Trademark Law. But the most important thing is how to define the issue of influence. A certain influence should be considered in many ways: 1. After a certain period of use, 2. Paid a certain amount of publicity and advertising costs, 3. Has a certain customer group, 4. Reached a certain market share. That is to say, when your trademark meets these requirements, it can also be protected without registration.

In this case, why do so many companies still break the head to register trademarks? The reason is actually very simple, has a certain influence is the need for time, manpower, financial resources to achieve, often when a trademark has not reached this standard when it is registered by others, and China's trademark law is different from the United States trademark law, we are registered first for the principle, who first registered who will have the trademark rights. So... (10,000 words omitted here... I won't say the rest, you know.)

Trademarks can also be used without registration, but this use is also conditional. Here Xiaobian needs to remind some customers who have a lucky mind.

Many companies for trademark registration is not very cold, think that they are now small, do not need to register trademarks, such as the scale of development and then registration is not too late. However, they ignore an important problem, that is, the trademark registration from the beginning to the certification takes a long time. There is only one trademark office in the country, that is, the national trademark needs to be applied there, you can imagine how long it takes for a trademark to be registered to be certified.

In addition, there is A blind spot in the trademark registration from the submission of the application to the State Trademark Office, that is, when A and B colleagues submitted the trademark registration application to the trademark Office, their data has not been entered into the database, so A and B can not check whether the trademark they want to register has been registered or is similar to others.

In summary, if you want to have a trademark of your own, or now have a good name, advise you to register early, so as not to be registered by people, regret! Source: Trademark Circle

More intellectual property related issues, welcome your scan code consultation! Have questions must answer yo ~ Deep credible is willing to use professional and focus, to provide you with high-quality and efficient intellectual property agency services!

咨询微信.jpg

More information and services

The official subscription number of "Deep Trusted Intellectual Property Rights" on the code

官方订阅号.jpg

More deeply trusted dynamic news, important data/reports, authorized cases, etc

Code on the concern [deep trusted intellectual property service platform] official service number