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The protection of trademarks in our country requires that you first apply for trademark registration. In principle, trademarks that have not been registered, or trademarks that have not been renewed in time after the protection period, are not protected. However, if the unregistered trademark meets the following conditions, it can also be protected:
1. The trademark has a certain degree of popularity and is known to the relevant public within a certain geographical scope.
2. Compared with the use by squatters or illegal users, the holders of unregistered trademarks use it first.
3. The protection of unregistered trademarks must be the same as or similar to the goods actually used.
4. Preemptive registration or counterfeiting of the trademark will objectively cause confusion among the relevant public.
Unregistered trademarks meet the above conditions. When the trademark is infringed, evidence can be collected and the rights can be safeguarded in the following two ways:
1. Request the industrial and commercial administration department for processing
You can either go to the industrial and commercial administration department where the trademark infringer is located, or you can go to the industrial and commercial administration department in the place where the trademark infringement occurred, such as the industrial and commercial administration department in the place where he uses that trademark for production and sales.
2. File a lawsuit in the People's Court
You can go to the place where the infringement occurred or the people's court where the infringer is located. It should be noted that at the same time, due to the complexity of trademark infringement cases, the Supreme People's Court currently designates the Intermediate People's Court to have jurisdiction.
Editing required information 1. If you apply for registration under the name of a company, you need to provide a copy of the business license, and the official seal needs to be stamped on the copy of the business license; 2. If you apply for registration under an individual name, you need to provide A copy of the personal ID card and a copy of the business license of the individual industrial and commercial household. The copy of the business license of the individual industrial and commercial household must be stamped with the official seal; 3. Provide the trademark text or pattern. If the color needs to be protected, a color pattern is also required; 4. The goods/services to be registered can be provided based on the goods operated by the applicant or the services provided by the applicant, with reference to the ninth edition of the International Classification of Goods and Services for Trademark Registration (Nice Classification) and the modifications made by the Trademark Office based on the above-mentioned international classification table. Fill out the "Similar Goods and Services Classification Form"; 5. Provide the "Trademark Agency Power of Attorney" stamped with the official seal or signature, which can be obtained from this website; especially note that the address on the "Trademark Agency Power of Attorney" should be the same as the one on the "Trademark Agency Power of Attorney". The registered address on the business license is exactly the same.