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How to understand that trademarks come from use, not registration

What is the difference between a registered trademark and an unregistered trademark?

Unregistered trademarks and registered trademarks are two forms of trademark existence.

Regardless of whether a trademark is used or not, as long as it complies with the provisions of the Trademark Law and is approved and registered by the trademark authority, the applicant will obtain the exclusive right to the trademark and be protected by the law. Others cannot use the same or similar trademark. The trademark is no longer used on similar products.

Registered trademarks must be marked with the registration mark when used. A trademark that is applying for registration will be treated the same as an unregistered trademark before obtaining the trademark registration certificate. It is not allowed to bear the registration mark, otherwise it will be impersonating a registered trademark.

Why register a trademark?

(1) It has the function of distinguishing the origin of goods or services and guiding consumers to recognize the brand for shopping or consumption.

(2) Promote producers or operators to continuously improve or stabilize the quality of products or services.

(3) It is conducive to market competition and advertising, and is a symbol of corporate credibility and quality.

(4) Trademark is the intangible property of the enterprise, the carrier of reputation, and brings economic benefits to the enterprise.

Can I use a registered trademark without indicating the registration mark?

Using a registered trademark should indicate the registered mark, but this is not a mandatory requirement. Failure to indicate a registered mark has disadvantages in protecting the rights and interests of registered trademarks:

First, when the exclusive right to use a registered trademark has been infringed and requires handling, the court may impose strict sanctions on the infringer because he does not know that the trademark is a registered trademark. Second, when the infringer is required to compensate for losses, the other party may not agree to compensate because he does not know that it is a registered trademark. The above is an explanation of the importance of trademarks. If you have trademark processing, you can learn about it on Alibaba Cloud.