Trademarks that have not been registered can be used, as follows:

1. An unregistered trademark has not been approved by the Trademark Office, and the exclusive right to use the trademark will not be protected, and other people can also use it. Use this trademark at will;

2. If the trademark used is registered by others, it is easy to cause trademark infringement;

3. Trademark applications are based on the first-to-file principle. If there is no A registered trademark will be registered by others. Once someone else successfully registers it, you will lose the right to use the trademark.

Unregistered trademarks must meet two conditions to obtain legal protection:

1. The act of using an unregistered trademark precedes the application for registration of a registered trademark;

2. The trademark has gained certain influence through use.

Generally speaking, the legal protection available to unregistered trademarks includes:

1. Prohibition of preemptive registration by others;

2. Prohibition of confusing use by others.

The definition of malicious trademark squatting is as follows:

1. Whether the applicant commits trademark squatting for the purpose of seeking unfair benefits shall be determined by the following circumstances:

(1) In the case of trademark squatting, it depends on whether the person uses it after successful registration, that is, on his own products, and whether the product is the same or similar to the product of the person being squatted;

(2) In the case of trademark squatting, whether the person who has been registered is transferred or licensed to use the trademark at a high price;

(3) In the case of trademark squatting, whether the person who is registered is directly accused infringement and file a claim for compensation.

2. In the case of trademark squatting, unfair means means that the trademark registration applicant untruthfully fills in the trademark registration application and the relevant materials provided in an unreasonable or illegal manner. related matters; the contents of unfair means are as follows:

(1) In the act of trademark squatting, the applicant takes advantage of the relationship with others;

(2) In the case of trademark squatting, In the act of registering, they use their background of cooperation with others. As collaborators, they are the most aware of the use of the trademark of the person being registered. Some secretly register the collaborator's trademark as their own during the cooperation period. Some preemptively register the partners' trademarks after the cooperation ends;

(3) In trademark preemptive registration, other people in the same area who know the inside story use their different conditions and capabilities to register the trademark. Some advantages, such as managers, legal advisors, reporters, trademark agents, etc., can understand the operator's trademark use during news interviews or management work, and can foresee the benefits brought by trademark squatting. Be the first to register. Successful registration is an objective or factual requirement for trademark squatting.

3. Only if the registration is successful, will the trademark squatting behavior eventually occur. To establish this requirement, at least the following factors must be considered:

(1) In the case of trademark In the case of squatting, whether the registered trademark is a trademark that has a certain influence; usually, no one will register a trademark that has no influence. “Having a certain influence” refers to a distinctive mark recognized by a certain group of people in a certain region. In fact, once goods or services are put on the market, due to the role of advertising and the process of transactions, the influence of trademarks has begun to occur in the minds of the public, and its influence has reached a "certain" level, such as a certain geographical scope and a certain group of people. Scope;

(2) In the case of trademark squatting, whether it is a trademark that has been used and is being used. A trademark that has been squatted should be considered as a trademark that has been used and is being used by the person who has been squatted, that is, the continuous use of the trademark is emphasized. If the trademark that has been used by the person who has been squatted stops using it midway, and someone else applies for registration, it will not be used. It should be considered as trademark squatting.

4. When the court hears cases of trademark squatting, the court determines whether the registered company has maliciously registered the trademark based on the fact that after the company registered the trademark, the related products of the registered company are similar. The most obvious point is whether after successfully registering a trademark, the trademark was transferred at a high price or authorized to be used by others.

To sum up, no matter whether the trademark is registered or not, it can be used normally. However, there will be many risks when using it. For example, if the trademark is registered by others, then it will be illegal to use it. It is an infringement, so if you want to use the trademark legally, it is best to register the trademark.

Legal basis:

Article 4 of the Trademark Law of the People's Republic of China

In the course of production and business activities, natural persons, legal persons or other organizations, If you need to obtain the exclusive right to use a trademark for your goods or services, you must apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.

The provisions of this Law regarding commodity trademarks shall apply to service trademarks.