Successfully registering a trademark and obtaining a trademark registration certificate does not mean that the possibility of infringement is completely ruled out. Although trademark registration gives certain rights and protections to the trademark owner, there are still some situations that may lead to trademark infringement after successful trademark registration:
1. Right of first use:
Trademark registration It is based on the priority principle of application, that is, the person who applies for a trademark for the first time has priority. However, in some cases, a trademark may be used but not registered. The holders of these first-used trademarks may claim that they have the right to use the trademark in the region to a certain extent, even if the trademark has been registered by others.
2. Similar trademarks:
When reviewing trademark registration applications, the trademark registration agency will evaluate similar trademarks. However, sometimes similar but not identical trademarks may be registered, which may result in the risk of infringement between the successfully registered trademark and other similar trademarks. In this case, the trademark registrant may need to take further steps to protect its trademark rights.
3. Geographic scope limitation:
Trademark registration usually only has protective effect within a specific geographical scope. If a trademark registration is limited to a certain country or region, people using the same or similar trademark in other regions may not be protected by the trademark, resulting in the risk of infringement.
4. Trademark invalidation:
The trademark registration certificate can be declared invalid for various reasons, such as the trademark owner failing to maintain the use of the trademark as required or failing to renew the trademark registration as required. wait. If the trademark registration is invalid, the rights and interests of the trademark owner will be affected, and it may also lead to trademark infringement.
Therefore, successful trademark registration does not mean that you are completely free from the risk of infringement. Trademark owners should pay close attention to the market and take necessary measures in a timely manner, such as monitoring the use of trademarks, verifying infringements and taking legal action, etc., to safeguard their trademark rights.
Please note that trademark laws and regulations may vary between countries and regions. If you need specific legal advice or have further questions about trademark infringement, please consult a professional intellectual property attorney.
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