(1) is not protected by trademark law.
Article 3 of the Trademark Law stipulates: "Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. " Therefore, the biggest risk for enterprises to use unregistered trademarks is that trademarks cannot be protected by trademark law. Enterprises do not enjoy the exclusive right to use a trademark, and other enterprises can also use the trademark. For example, the "beautiful" brand shower gel produced by a company is very popular with consumers because of its high quality and low price. However, Company A didn't register the "beautiful" trademark, and other manufacturers put the word "beautiful" on their own shower gel for sale, thus damaging the interests of Company A.?
(2) It is easy to be squatted by others.
In China, trademark registration follows the principle of "registration first". If an enterprise uses an unregistered trademark, once it is successfully registered by others, it may not be able to continue to use the trademark, and the manpower, material resources and financial resources previously spent on promoting the trademark will also be wasted. ?
(3) It is easy to infringe upon others' exclusive right to use trademarks.
If the unregistered trademark used by an enterprise is the same as or similar to the trademark previously registered by others, it may infringe on the exclusive right to use the trademark of the enterprise, which may lead to trademark disputes and even bring both parties to court. If it is finally determined that the enterprise has indeed infringed on the exclusive right to use trademarks of others, it can also compensate others for their economic losses. ?
(4) Trademarks cannot become intangible assets of enterprises.
Intangible assets refer to identifiable non-monetary assets that have no physical form and are owned or controlled by enterprises. In the field of intellectual property, intangible assets include patent right, trademark right and copyright. Only successfully registered trademarks can be protected by trademark law, form trademark rights, and gain benefits through transfer. Where an enterprise uses an unregistered trademark, the trademark is not protected by law, does not form a trademark right and does not become an intangible asset of the enterprise.