When we came to Guangzhou and talked about food, our first impression was that Cantonese people have a wide range of recipes. Cantonese people are also very good at eating and pay great attention to healthy diet. Food is something that human beings depend on for survival, not to mention that with the improvement of the quality of life, foodies’ requirements for food are higher than lower. For businesses in Guangzhou, if they want to develop a food brand, they will definitely need the support of a trademark. So here comes the question. Many merchants have registered food trademarks (still in the process of registration application), but are anxious to use them. What should they do?

The risk of enterprises using unregistered food trademarks mainly comes from the risk of infringement. After all, their own trademarks have not been registered. If there are identical or similar registered food trademarks on the market at this time, there will be suspicion of infringement.

During the Guangzhou trademark registration process, if the registration is not successful in the end, the company will not only be sued and compensate others for their losses, but also a lot of investment will be wasted. In this case, there are some claims that as long as the trademark is marked with TM, it can be protected. What does this mean?

"TM" is the abbreviation of English Trademark. China's trademark law does not stipulate the meaning of the "TM" mark at all, nor does it mention that companies are allowed to use the trademark under application with the TM mark after receiving the trademark acceptance notice, let alone legal protection. .

The symbol R and the word "note" in a circle are registered trademark marks stipulated in our country's laws, indicating that the trademark has applied for registration at the National Trademark Office and has been reviewed and approved. Trademark registration certificate becomes a registered trademark.

R is the first letter of Register in English. A registered trademark has the characteristics of exclusivity, exclusivity, and uniqueness. It is owned exclusively by the owner of the registered trademark and is protected by law. No enterprise or individual may use it without the permission or authorization of the owner of the registered trademark, otherwise it will bear infringement liability.

To summarize, can a company use a food trademark that is still under registration application? It can indeed be used, but there is a certain risk of infringement of other people's trademark rights. This has nothing to do with whether or not "TM" is added. Therefore, under normal circumstances, Biaomei does not recommend that companies use trademarks for promotion without registration. Food trademark registration Trademark registration application