What are the rights and protections of unregistered trademarks?

Article 3 of the Trademark Law stipulates that "a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law".

Judging from this legal provision, the direct object of protection in China's trademark legal system is registered trademarks, and all legal provisions are set around the protection of registered trademarksUnregistered trademarks are obviously not protected by trademark law。However, the fact that unregistered trademarks are not protected by law does not mean that the use of unregistered trademarks is unauthorized. On the contrary, in order to better protect the exclusive right to use a registered trademark and maintain the order of trademark use, it is necessary to regulate the use of unregistered trademarks.

Therefore, Article 48 of the Trademark Law specifically regulates the use of unregistered trademarks. This provision is a prohibitive norm, and as long as the user of an unregistered trademark does not violate this provision, its unregistered trademark can be used in commercial activities. Otherwise, the competent trademark administrative authority will investigate and deal with it in accordance with the law.

China's trademark registration implements the principle of voluntary registration, that is, whether the trademark user registers the trademark used depends entirely on its own needs.

Nevertheless, in general, unregistered trademarks are not protected by trademark lawThe user of an unregistered trademark is always in a state of no protection of rights, and may be prohibited from using it at any time due to the approval of the registration of the same or similar trademark of another person. Therefore, in the case of the implementation of trademark protection and the principle of registration, the use of unregistered trademarks still does more harm than good.

An unregistered trademark refers to a trademark that the right holder actually owns, but does not apply for registration with the trademark office. The rights enjoyed by unregistered trademarks include the right to use, the right to benefit, the right to dispose of, etc., but they are not protected by law. "Zhuoyi Intellectual Property".

Unregistered trademarks are generally not protected by law, but unregistered well-known trademarks are protected by law.

The Trademark Law providesA trademark approved for registration by the Trademark Office is a registered trademark, including commodity trademarks, service marks, collective trademarks, and certification marks; The trademark registrant has the exclusive right to use the trademarkProtected by law

Unregistered trademarks, on the other hand, do not enjoy the same variety of rights as registered trademarks. If someone else uses the same pattern as your unregistered trademark to operate and use, and obtains a lot of profits, but it affects your business, it is difficult to sue him for infringement, because your trademark is not registered and you do not enjoy the exclusive right to use the trademark. Therefore, unregistered trademarks are generally not protected by law.

Exception for unregistered well-known trademarks!

China's trademark registration follows the principle of voluntariness and the principle of prior application, some trademarks in the use and development, some owners may not have a strong sense of law, has not registered the trademark, but after a long time the reputation of the brand has come out, more and more people know to understand the brand of this trademark, and slowly become a well-known trademark.

In order to protect these unregistered well-known trademarks, Chinese law stipulates that the applicant should distinguish it from the unregistered well-known trademark when applying for trademark registration to avoid confusion. Trademarks that are identical or similar to goods with well-known trademarks are not allowed to be registered.

Therefore, unregistered well-known trademarks are protected by law.

Nowadays, people's legal awareness has gradually awakened, and they have begun to take up the law to protect their trademarks. If there is a high-quality trademark, it will be registered as soon as possible to prevent others from preemptively registering the trademark.

An unregistered trademark does not enjoy the exclusive right to use the trademark and cannot be protected by invoking the Trademark Law. The state stipulates that goods that must use registered trademarks must apply for trademark registration, and those that have not been approved for registration shall not be sold in the market.

Only registered trademarks will be protected by law. This is also the reason why trademark registration is required.

It will be protected by law, trademark registration has the characteristics of exclusivity, exclusivity and uniqueness, it is a registered trademark, and the owner is exclusively protected by law.

Hello, according to the Trademark Law: Article 6 Goods that must use registered trademarks according to laws and administrative regulations must apply for trademark registration, and shall not be sold in the market without approval for registration.

Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

That is to say, you have a trademark in use without registration, provided that the trademark is not well-known, others can also use each other without infringement, if the other party once registered the trademark then you may infringe, specific details you can consult 9071 intellectual property rights for your answer, my answer I hope to help you, hope to adopt, thank you.

Yes. Unregistered trademarks are not protected by law.

China's Trademark Law stipulates that trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

Only trademarks that have been approved and registered by the Trademark Office are protected by law.

If you don't register, of course, you won't be protected

In general, there is no need to protect unregistered trademarks. This is because trademark rights are generally not enjoyed without registration. However, the trademark shall not meet the conditions for recognition as a well-known trademark.

According to the relevant laws and regulations, the exclusive right to use a registered trademark is limited to the approved registered trademark and the goods approved for use, but if the application for registration is filed in China for copying, imitating or translating the well-known trademark registered in China, it shall not be registered and its use shall be prohibited.

[Legal basis].Article 56 of the Trademark Law of the People's Republic of China.

The exclusive right to use a registered trademark is limited to the trademark approved for registration and the goods approved for use.

If the trademark applied for registration in respect of the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that is not registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.