Legal analysis: unregistered trademarks can generally be used. However, registration is required by law. And the general trademark is used in the market without registration, which is not protected by law. According to the relevant laws and regulations, if a unit or individual needs to obtain the exclusive right to use a trademark for its goods or services, it shall apply to the Trademark Office for trademark registration. Goods that are required by law to use registered trademarks must apply for trademark registration, and those that have not been approved for registration may not be sold in the market. Trademark registration needs to follow the principle of combining voluntary registration with compulsory registration. Most trademarks in China adopt the principle of voluntary registration. Business operators of commodities (mainly cigarettes, cigars and packaged cut tobacco) that must use registered trademarks according to the laws and administrative regulations of the state must apply for trademark registration. Without the approval of registration, the commodities shall not be sold in the market. The use of unregistered trademarks is not protected by law, and if others rush to register, it may cause infringement. There are still the following risks in using unregistered trademarks: 1. Trademarks are not protected by law and cannot effectively participate in competition by modern propaganda means. 2. The trademark used by an enterprise is not registered, and the fatal weakness is that the trademark user does not enjoy the exclusive right to use the trademark. 3. Once others register the trademark first, the first user of the trademark can no longer use the trademark. 4. Unregistered trademarks cannot form intellectual property rights protected by law, so the unregistered trademarks are intangible assets. 5. Can't declare famous trademarks or famous brands and other related enterprise honors. 6. The bigger and stronger an unregistered enterprise is, the more vulnerable it is to malicious imitation or cybersquatting by other enterprises, bringing losses to itself. 7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through the management of trademarks.
Legal basis: Trademark Law of the People's Republic of China
Article 4 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. The provisions of this Law on commodity trademarks shall apply to service trademarks.
article 5 two or more natural persons, legal persons or other organizations may * * apply to the trademark office for registration of the same trademark, and * * * both enjoy and exercise the exclusive right to use the trademark.
article 6 goods that are required by laws and administrative regulations to use registered trademarks must apply for trademark registration. those that have not been approved for registration shall not be sold in the market.
article 15. if an agent or representative registers the trademark of the principal or the principal in his own name without authorization, 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.