trademark registration refers to the legal fact that a trademark user applies for registration of the trademark he uses to the State Trademark Office (Trademark Office of the State Administration for Industry and Commerce) in accordance with the conditions and procedures prescribed by law, and the registration is approved by the State Trademark Office according to law. In China, trademark registration is the premise of trademark protection and the legal basis for determining the exclusive right to use a trademark. Once a trademark user is approved for trademark registration, it indicates that it has obtained the exclusive right to use the trademark and is protected by law.
another weakness of unregistered trademarks is that unregistered trademarks may be the same as or similar to registered trademarks used in the same or similar goods, thus causing infringement.
legal basis
article 4 of the trademark law of the people's Republic of China
if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the trademark office for trademark registration. An application for registration of a malicious trademark that is not intended for use shall be rejected.
article 7
the application for registration and use of trademarks shall follow the principle of good faith. The trademark user shall be responsible for the quality of the goods in which he uses the trademark. The administrative departments for industry and commerce at all levels shall stop cheating consumers through trademark management.
article 8
any mark that can distinguish the goods of natural persons, legal persons or other organizations from those of others, including words, graphics, letters, numbers, three-dimensional marks, color combinations and sounds, and the combination of the above elements, may apply for registration as a trademark.
article 15
without authorization, the agent or representative registers the trademark of the principal or the principal in his own name, and if the principal or the principal objects, it will not be registered and the use will be prohibited. Where the trademark applied for registration of the same or similar goods is identical with or similar to the unregistered trademark previously used by others, and the applicant has a contract, business relationship or other relationship with the other person other than that specified in the preceding paragraph, knowing that the trademark of the other person exists, and the other person raises an objection, registration shall not be granted.