This sign is usually a combination of words, graphics, English and numbers.
Trademarks protect trademark registrants by ensuring that they have the exclusive right to mark goods or services or license others to use them for compensation.
Trademark registration refers to the legal fact that a trademark user applies to the State Trademark Office (the Trademark Office of the State Administration for Industry and Commerce) for the registration of the trademark he uses in accordance with the conditions and procedures prescribed by law, and the registration is approved by the State Trademark Office according to law.
In China, trademark registration is the premise of trademark protection and the legal basis for determining the exclusive right to use a trademark.
Once a trademark user is approved for trademark registration, it means that he has obtained the exclusive right to use the trademark and is protected by law.
The weakness of unregistered trademarks The most fatal weakness of trademarks used by enterprises is that trademark users do not enjoy the exclusive right to use trademarks.
That is to say, others can use the trademark after using it, which affects the basic function of the trademark to indicate the source of goods, and also leads to a great discount on the role of the trademark in representing the quality and reputation of a certain commodity.
Another weakness of unregistered trademarks is that once someone else registers the trademark first, the first user of the trademark can no longer use the trademark, and this lesson is very profound.
According to China's Trademark Law, the original acquisition of the exclusive right to use a trademark can only be achieved through trademark registration, and the application for trademark registration adopts the principle of prior application, that is, whoever applies for registration first will be granted the exclusive right to use a trademark.
Therefore, no matter how long the enterprise uses the trademark, if it does not register the trademark, it will grant the exclusive right to use the trademark to others as long as others apply for registration of the trademark.
Another weakness of unregistered trademarks is that unregistered trademarks may be the same as or similar to registered trademarks used in the same or similar goods, thus causing infringement.
Another weakness of unregistered trademarks is that unregistered trademarks cannot form industrial property rights, so they cannot become intangible assets of users.
China's Trademark Law stipulates that the exclusive right to use registered trademarks is protected by law, while unregistered trademarks are not protected by law, and their users do not enjoy the exclusive right to use trademarks.
So strictly speaking, only registered trademarks are the industrial property rights of China, and only registered trademarks can become intangible assets of enterprises.
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