Legal analysis: The trademark is still under application and can be used. However, until the application is completed, the trademark is not protected by law. However, if it is a type of compulsory trademark registration, the trademark cannot be used during the application process. According to legal provisions: Products that must use registered trademarks under laws and administrative regulations must apply for trademark registration. Products without approved registration may not be sold in the market.
Legal basis: "Trademark Law of the People's Republic of China"
Article 39 The validity period of a registered trademark is ten years, calculated from the date of approval of registration.
Article 52 If 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 industrial and commercial administrative department shall stop it, make corrections within a time limit, and may It is notified that if the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.
Article 55 If the statutory period expires and the party concerned does not apply for review of the Trademark Office’s decision to cancel the registered trademark or does not file a lawsuit with the People’s Court against the review decision of the Trademark Review and Adjudication Board, the registration shall be cancelled. The trademark decision and review decision shall take effect. A canceled registered trademark shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be terminated from the date of announcement.