How tragic are the consequences of not registering a trademark?

1. The user does not enjoy the exclusive right to use the trademark

Trademarks are unique and exclusive, and if the trademark is not registered, the enterprise will not have the exclusive right to use the trademark. If you invest a lot of advertising in the early stage and get the recognition of consumers, but because you have not registered this trademark, others can also use your trademark brand, which is equivalent to everyone can use it, so that the basic role of the trademark to indicate the goods has been affected, and the quality and reputation of the goods represented by the trademark will also have an adverse impact. Only after the trademark has been registered, no one else can use the same or similar trademark for the promotion of products of the same category.

2. There is a high risk of being preemptively registered.

China's Trademark Law stipulates that trademark registration adopts the principle of first-to-file. If your trademark is preemptively registered by others in the process of use, then they have the right to let you stop using the trademark after successful registration, and then the influence you have achieved through hard publicity in the early stage is to make a wedding dress for others.

Because your trademark has not been registered and has not been reviewed, if it is found that the trademark you are using is the same or similar to the trademark applied for earlier by someone else, then you are infringing on someone else's trademark.

4. It cannot become an intangible asset.

The user of an unregistered trademark does not enjoy the exclusive right to use the trademark, is not protected by law, and cannot form an industrial property right, so it cannot become an intangible asset of the user.

At present, under such fierce market competition, enterprises should not only do a good job in products and services, but also pay attention to the protection of the brand, learn to use the law to protect their rights and interests from infringement, and the trademark must be registered in a timely manner. Moreover, for brand operators, trademarks can convey information related to companies, products and services, and are intangible and emotional information to consumers, which can create stickiness with consumers and promote the development of enterprises.

Article 6 of the Trademark Law stipulates that unregistered trademarks are not allowed to be sold in the market. If you sell unregistered products, you will be fined if you are reported by others.

Not registering a trademark has the following consequences: 1. If there is no exclusive right to use a trademark, if the trademark of an enterprise is not registered with the Trademark Office, then the enterprise does not have the exclusive right to use the trademark. That is, you can use this trademark, and others can use it too.

2. If the trademark is preemptively registered, it will no longer be able to be usedAccording to the provisions of China's Trademark Law, the principle of first-to-apply for a registered trademark is adopted, that is, for an unregistered trademark, whoever applies for registration first has the exclusive right to use the trademark. Once another person preemptively registers the trademark of the enterprise, if the first user of the trademark cannot provide evidence of prior use, but cannot use the trademark again, even if it provides evidence of prior use, the prior user can only continue to use it within the original scope and cannot expand the scope of use. 3. There is a risk of trademark infringementAs mentioned above, if the person who first uses the trademark cannot provide evidence of prior use, there may be a legal risk of being deemed to infringe the trademark of others.

Legal basis: Article 31 of the Trademark Law of the People's Republic of China Where two or more applicants for trademark registration apply for registration with identical or similar trademarks on the same or similar goods, the trademark that applied for earlier shall be preliminarily examined and announced; If the application is made on the same day, the trademark that has been used earlier shall be preliminarily examined and announced, and the application of others shall be rejected and no announcement shall be made.

1. There is no exclusive right to use trademarks.

If an enterprise's trademark is not registered with the Trademark Office, then the enterprise does not have the exclusive right to use the trademark. That is, you can use this trademark, and others can use it too. When your products or services are better than others, then there will be a lot of counterfeit goods and companies, that is, counterfeit goods.

2. If the trademark is preemptively registered, it can no longer be used.

According to the provisions of China's Trademark Law, the principle of first-to-apply for a registered trademark is adopted, that is, for an unregistered trademark, whoever applies for registration first has the exclusive right to use the trademark.

Therefore, no matter how long an enterprise has been using a trademark, if it has not registered the trademark, then as long as someone else applies for registration of the trademark, the exclusive right to use the trademark will be granted to others.

Once someone else preemptively registers the trademark of the enterprise, the first user of the trademark can no longer use the trademark, and the lesson in this regard is very profound. Apple's $60 million purchase of the "iPad" trademark from Proview is a typical case.

3. There is a risk of trademark infringement.

Article 38 of the Trademark Law stipulates that "the use of a trademark identical or similar to the registered trademark on the same or similar goods without the permission of the registered trademark shall be an infringement of the exclusive right to use a registered trademark".

It is not easy for you to defend your rights if someone else uses the same or similar trademark on the same or similar product after you; After the trademark is registered, it enjoys the exclusive right to use, and it can request the industrial and commercial department to handle or sue in accordance with the law.

There are several consequences of not registering a trademark:

1. There is no exclusive right to use trademarks.

If an enterprise's trademark is not registered with the Trademark Office, then the enterprise does not have the exclusive right to use the trademark. That is, you can use this trademark, and others can use it too.

2. If the trademark is preemptively registered, it can no longer be used.

According to the provisions of China's Trademark Law, a registered trademark adopts the principle of first-to-apply for the original thing, that is, for an unregistered trademark, whoever applies for registration first has the exclusive right to use the trademark.

Once another person preemptively registers the trademark of the enterprise, if the first user of the trademark cannot provide evidence of prior use, but cannot use the trademark again, even if it provides evidence of prior use, the prior user can only continue to use it within the original scope and cannot expand the scope of use.

3. There is a risk of trademark infringement.

As mentioned above, if the person who first uses a trademark cannot provide evidence of prior use, there may be a legal risk of being found to infringe the trademark of others.

1. How to handle the expiration of a registered trademark.

1. Provide the search results of the trademark (Chinese, English, design) to be applied for within 3 days;

2. Determine the trademark and submit the application** and the trademark** (24 drawings);

3. If the applicant is an individual, he or she must provide a copy of his ID card or passport, and if he is applying for a unit, he must have a copy of the business license and the ID card of the legal representative stamped with the official seal before applying, and submit the application form (the applicant signs and confirms it by himself);

Receive the reply slip within working days, and publish the **Gazette notice after 3 months;

5. The time for handling the trademark must be 12 to 14 months;

6. The trademark is valid for 10 years and can be used after 10 years.

2. Whether the trademark is permanently valid after registration.

A registered trademark has a certain validity period, and the Trademark Law stipulates that a registered trademark is valid for ten years. If a registered trademark needs to be continued to be used upon the expiration of its validity period, it shall go through the renewal procedures in accordance with the provisions within 12 months before the expiration. If it fails to do so within this period, it may apply for renewal within a grace period of six months after the expiration of the period, subject to the payment of a renewal registration delay fee.

If the application for renewal is not filed after the expiration of the grace period, the Trademark Office will cancel the registered trademark.

Although China has also implemented indefinite protection for its own registered trademarks many years ago, there has been such a problem, some registered trademarks have long been discontinued, but they are considered valid registered trademarks in the trademark register, and this affects the approval of new applications for registered trademarks, and the registered trademarks are no longer protected indefinitely from the Wu Zhi Office. We should also note that foreign trademarks are also valid for ten years.

Consequences of not rolling imitation of a registered trademark:

1. The trademark owner cannot obtain the exclusive right to use the trademark;

2. It may lead to malicious preemptive registration by others and damage the legitimate rights and interests of the trademark owner;

3. In the course of an infringement lawsuit, if the trademark owner is unable to provide the corresponding evidence, it may not be conducive to protecting the legitimate interests of the trademark owner.

[Legal basis].

Article 4 of the Trademark Law of the People's Republic of China.

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in the course of production and business activities, it shall apply to the Trademark Office for trademark registration. An application for registration of a trademark in bad faith that is not for the purpose of use shall be rejected.

The provisions of this Law on commodity trademarks apply to service trademarks.

Article 5. Two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office for registration of the same trademark, and jointly enjoy and exercise the exclusive right to use the trademark.

Article 6. Goods that must use registered trademarks according to laws and administrative regulations must apply for trademark registration, and those that have not been approved for registration shall not be sold in the market.

Legal analysis: 1. The user does not enjoy the exclusive right to use the trademark; 2. There is a risk of trademark squatting; 3. The unregistered trademark may be identical or similar to the registered trademark used on the same or similar goods, resulting in infringement. 4. The user of an unregistered trademark does not enjoy the exclusive right to use the trademark, is not protected by law, and cannot form industrial property rights, so it cannot become an intangible asset of the user.

Legal basis: Article 52 of the Trademark Law of the People's Republic of China Where an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local administrative department for industry and commerce shall stop it, make corrections within a time limit, and may be notified, and if the illegal business turnover is more than 50,000 yuan, a fine of less than 20% of the illegal business turnover may be imposed, and a fine of less than 10,000 yuan may be imposed if there is no illegal business or the illegal business turnover is less than 50,000 yuan.