First of all, it must be clear that Nanjing trademark registration needs to apply for and approve the registration in order to obtain the corresponding trademark rights. Although "TM" can be printed on many packages, the TM mark has no legal effect and is not protected by law, and the TM trademark is not exclusive, so it is impossible to sue others for trademark infringement. Can only be used as a reminder to tell the third person that I applied for this trademark!
Is TM still useful?
Although "TM trademark" has no legal effect, based on the principle that existence must be reasonable, it shows that "TM" labeling still has a certain role.
1. Mark TM on commodities or publicity to clearly inform competitors or others that the trademark has been submitted to the State Trademark Office for trademark registration, which can play a prompt role;
2. Under certain circumstances, "TM trademark" does have a slight warning function: don't infringe the trademark, otherwise we have the right to sue you when the trademark is authorized!
3. To a certain extent, the use of the trademark can be preserved as trademark evidence, which proves that the trademark has formed a stable market relationship. If the trademark is rejected, it can be submitted to the Trademark Review and Adjudication Board as proof material, and there is still the possibility of turning it over.
Using TM tags is still risky!
It is particularly important to note that the use of TM trademarks risks infringing other people's trademarks. For example, before applying for a registered trademark, an enterprise had the same or similar trademark, and finally the trademark registration was unsuccessful, and it was also sued or complained of trademark infringement, which not only compensated the losses of others, but also wasted a lot of investment in the early stage of the enterprise.
It is suggested that enterprises should use the trademark during the period of trademark registration, if necessary:
1. Conduct detailed trademark search in advance to ensure that there are no identical or similar trademarks before, so as to avoid the risk of infringement;
2. Control the packaging and publicity expenses of all kinds of trademarks in the application, and don't carry out large-scale publicity and promotion to prevent yourself from investing money but making wedding clothes for others.
If you have any other questions about Nanjing trademark application, please feel free to consult intellectual property rights.
Application for trademark registration in Nanjing