Use first and then register

"My products are selling so well, why is the trademark not mine?"

The trademark law of our country is implemented? Register first ? Principle, which clearly stipulates that trademarks without registration are not protected by law, that is, only use without registration does not have the exclusive right to register a trademark. At present, many of our companies are accustomed to not registering trademarks in the early stages of their establishment in order to save some registration fees. If you replace the trademark with the common name of the product, or simply take the so-called shortcut to imitate or impersonate someone else's registered trademark that has a certain reputation in the market, you will either be complained of infringement or investigated and punished by the industrial and commercial administration and other departments. Foreign companies have generally adopted the trademark strategy of "brand first before the product is released", but there are still quite a few companies in our country that still adopt the lagging practice of "name first, name later", and many companies have paid a heavy price for this. .

When choosing a trademark, we only consider business needs. I sell facial masks and want to register a 'facial mask' as a trademark. "

The Trademark Law stipulates that a trademark can be words, graphics or a combination thereof, but not any text or graphics can be used as a trademark, such as place names of administrative divisions above the county level or foreign place names known to the public. The name of this product Common names and graphics, words or graphics that directly represent the quality, main raw materials, functions, uses, weight and characteristics of the goods shall not be used as trademarks. Many companies often ignore these prohibited provisions of the trademark law when starting a trademark. If you do not have a registered trademark for your exclusive use, you will be in a very passive situation if you encounter unfair competition from others in the future.

If the company registers a trademark, any product can use its own trademark. I have the final say on what products to make. "

The Trademark Law stipulates: The exclusive right to register a trademark is limited to the approved registered trademark and the approved goods. ?The exclusive rights of a registered trademark include the exclusive right to use and the exclusive right to prohibit, but its exclusive rights and exclusive rights are limited in scope, that is, the exclusive rights can only be enjoyed within the scope of goods approved by the trademark.

If the trademark owner uses the trademark beyond this scope, there are two harms:

1. This is an illegal act in the use of trademarks, and the perpetrator must bear the stipulations of the trademark law. Legal liability for counterfeiting a registered trademark;

2. Due to misunderstanding of the effective scope of trademark rights, the trademark owner neglects to register the trademark in other product categories. If someone encounters Registration may lead to infringement.

It is recommended that you resubmit the application and improve the registration categories.