The purpose of trademark registration is to ensure the exclusive right of the trademark owner. If the application for trademark registration is not passed or the trademark registration is revoked, the rights of the trademark owner may be restricted.
In the trademark law of some countries or regions, the legitimate rights and interests of trademarks are usually established through trademark registration. If the trademark is not registered or revoked, the trademark owner may not be able to claim the trademark right, and the use of the same or similar trademark by others on the same or similar goods or services may not be considered infringement.
However, in some cases, the trademark owner may still enjoy certain rights protection. For example, in some countries or regions, trademark owners can obtain some general legal protection by first using the trademark and establishing a certain popularity and goodwill on related goods or services. In addition, the laws of some countries or regions may also protect the rights and interests of unregistered trademarks, for example, through unfair competition law or common law principles.
Therefore, whether or not a trademark is infringed needs comprehensive consideration, including local trademark law, trademark popularity and goodwill, the principle of first use and unfair competition law. It is suggested to consult a professional trademark lawyer or legal adviser in such cases to obtain accurate legal advice and guidance.
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