Someone asked me recently, what is the difference between before and after a trademark is registered or not? I was stunned for a moment. What’s the difference if the car doesn’t have a license plate? What’s the difference if the child doesn’t have a household registration? What’s the difference between getting a real estate certificate or not, a marriage certificate or a birth certificate?...

The difference is huge, the difference is huge Very, very different. Say the important things three times and look down for the specific details.

1. Registered trademarks are protected by law

Article 3 of the "Trademark Law" stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is subject to Legal protection.

2. The "Trademark Law" reflects two characteristics in terms of the protection of unregistered trademarks:

1) There are two types of unregistered trademarks protected by the Trademark Law, including There are two types: unregistered well-known trademarks and unregistered trademarks with certain influence.

2) The rights content of the two unregistered trademarks are different. Unregistered well-known trademarks are granted the exclusive right to use, while unregistered trademarks that have a certain impact are only given priority registration rights. Article 13, paragraph 1, of the Trademark Law stipulates: If a trademark applied for registration for identical and similar goods is a copy, imitation or translation of a well-known trademark that has not been registered, and is likely to cause confusion, it shall not be registered and its use shall be prohibited. ?Article 31 of the Trademark Law stipulates: ?Applications for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has a certain influence. Paragraph 2 of Article 41 stipulates: If a registered trademark violates the provisions of Articles 13 and 31 of this Law, within five years from the date of trademark registration, the trademark owner or interested party may request The Trademark Review and Adjudication Board ruled to cancel the registered trademark. For those who register in bad faith, the owner of a well-known trademark is not subject to the five-year time limit. ?

3. Ordinary unregistered trademarks are not protected by the Trademark Law

The "Trademark Law" does not make clear provisions on the protection of ordinary unregistered trademarks, so they are always under a This is a state of unprotected rights and may be prohibited from use at any time due to the approved registration of the same or similar trademark by others. Therefore, if you want to use a common trademark with guarantee, it is better to register it.

The owner of a registered trademark enjoys the exclusive right to use the trademark. When the registered trademark is counterfeited and used by others, it constitutes trademark infringement. The trademark owner can request the illegal user to bear legal responsibility. The use of an unregistered trademark by a user of an unregistered trademark is a fact, not a right.

I really hope that my friend can take action. There is a huge difference between having a trademark registered or not. Nowadays, there are frequent rushes to register trademarks. If you don’t rush to register, you will only regret it. Trademark registration