Collective trademarks may not be licensed to non-collective members.

Legal Analysis

According to relevant legal provisions, the so-called unregistered trademark refers to a trademark that is used directly on goods without the approval of the Trademark Office for registration. An unregistered trademark is part of a trademark, but because it has not been registered, it does not have the exclusive right to use the trademark. The state allows the use of unregistered trademarks, mainly taking into account the level of economic development in our country. For some goods whose production is not yet stable and the products have not yet been finalized, as well as some small commodities produced locally and sold locally within specific geographical areas, the principle of voluntary registration is adopted. Compulsory trademark registration is required. However, this does not mean that the state will let the use of unregistered trademarks go unchecked. According to the provisions of this article, if an unregistered trademark is used in any illegal manner, it will be punished accordingly. Use unregistered trademarks as registered trademarks. The so-called counterfeiting of registered trademarks refers to the act of using an unregistered trademark and claiming it to be a registered trademark, or marking registered trademarks or registered marks on goods without authorization. A trademark registrant has the right to indicate a registered trademark or registered mark to indicate that the trademark used is a registered trademark, enjoys the exclusive right to register a trademark, and is protected by law. Unregistered trademarks may not be labeled as registered trademarks or use registered marks. If an unregistered trademark is used, it is labeled as a registered trademark, or a registered mark is used, which not only damages the order of trademark management, but also deceives consumers, and is an act not allowed by law. Make notifications. The so-called notification refers to making public the illegal situation of unregistered trademarks passing off registered trademarks or using prohibited signs in the form of notices, announcements, etc., such as publishing relevant illegal information in newspapers, television, radio, Internet and other media.

Legal Basis

Article 60 of the Trademark Law of the People’s Republic of China includes one of the infringements of the exclusive right to use a registered trademark listed in Article 57 of this Law. If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter. When handling the case, if the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times 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 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.