NEWS

Is your trademark registered?

Release time:

2021-08-05 16:37

Is your trademark registered?

“Today, when branding is becoming more and more prominent, in order to obtain better economic benefits, enterprises will try their best to compete for the market. The trademark is the most important piece in the battle.ThereforeChinese trademark wars have occurred.ExampleSuch as the years of tug-of-war dispute between Wang Laoji and Jiaduobao, the dispute between North and South Daoxiang Village,“Glory”Trademark dispute, Tesla trademark rush registration, Jiang Xiaobai, the old mother trademark dispute.

These cases tell us that for enterprises, trademarks and businesses need to be listed.InEqual status, not a business-first trademarkInAfter that, if the enterprise does not pay enough attention to the trademark,FailedIf a trademark is registered in time, it is possible to encounter a trademark crisis.

“registered trademark”It refers to a trademark that has been approved and registered by the competent trademark authority of the State.“Unregistered trademark”, also known“Non-registered trademark”, refers to the trademark used by itself without the approval and registration of the national trademark authority. The difference between an unregistered trademark and a registered trademark is mainly reflected in the following aspects:

(1)The owner of a registered trademark may exclude others from registering identical or similar trademarks on the same or similar goods.;The user of an unregistered trademark has no right to exclude others from registering identical or similar trademarks on the same or similar goods, and if he does not apply for registration, he may be preemptively registered by others.

(2)The owner of a registered trademark has the right to exclusive use of the trademark, while the use of an unregistered trademark by the user of an unregistered trademark is only a fact, not a right, and he has no right to prohibit others from using it.

(3)The use of approved and registered trademarks on goods approved for use is the right of the trademark owner, and the exercise of these rights by the trademark owner does not involve the exclusive right of others to use the trademark.;Once the use of an unregistered trademark is the same as the registered trademark of another person, it is easy to constitute trademark infringement and should bear the corresponding legal liability.

(4)Only registered trademarks are protected by law and can be formed.trademark right. If an enterprise uses a non-registered trademark, the trademark cannot be protected by law, nor can it form a trademark right, and it cannot become the enterprise'sSoftAssets.

 

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