Is it infringement to use a trademark before registration?

There are certain legal risks in using a trademark before registration, because unregistered trademarks may not be adequately protected in law. The following are some key factors to evaluate whether the trademark used before trademark registration is infringing:

1. Trademark similarity:

Evaluate the similarity between the trademark to be used and the registered trademark or the trademark used in existing businesses. If the two are too similar, it may lead to infringement disputes.

2. Registration status:

Check whether the trademark to be used has been registered by others. Unregistered trademarks may not be legally protected to the same extent, but registered trademarks have certain rights.

3. Scope of use of trademarks:

Understand the scope of use of registered trademarks and whether trademark holders use trademarks in the same or related fields. Even if the trademark is registered in different fields, there may still be the risk of infringement.

4. Public awareness:

Evaluate the public awareness of registered trademarks or existing trademarks used in business. If the trademark has become a recognized brand identity, it may be more likely to lead to infringement disputes.

5. Regional differences:

Consider the registration and use of trademarks in different regions. Sometimes, a trademark registered in one area may not be registered in another area, but it may still cause infringement disputes.

6. Trademark search:

Conduct a comprehensive trademark search, including searching in the trademark office database, Internet and social media, to find out whether there are trademarks similar to the trademarks to be used.

7. Legal consultation:

Consult a professional trademark lawyer for legal advice. Lawyers can help assess the legal risks of trademark use and provide advice on compliance.

Generally speaking, there are certain legal risks in the use of unregistered trademarks, especially if the trademarks are similar to registered trademarks or used in similar fields. Before the use of a trademark, it is recommended to conduct full investigation and evaluation, and it is best to take appropriate measures under the guidance of legal professionals to reduce potential legal risks.

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