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Can I use the trademark without registration?
1, unregistered trademark If the trademark you use is unregistered, you can use it with confidence. But once others see your trademark and feel good, you can't continue to use it after registration, otherwise there is a risk of infringement. 2. Someone registered a trademark. If your trademark has been registered and you really want to use it, what should you do? You can use a trademark through trademark authorization. In addition, you have to bear the following risks: Trademark infringement As mentioned earlier, when you use a trademark without registering it, you can't prevent others from registering it with your trademark. When he obtains the exclusive right to use this trademark, you become the infringer. He has the right to ask you to stop using the trademark, but he can swagger on using the trademark. Trademark authorization is a double-edged sword. Some people describe trademark authorization as a "love sale" with high risk coefficient. The reason why you say this may be difficult to understand before. However, in recent years, trademark disputes have repeatedly made headlines, and the cause of the dispute is trademark authorization! Trademark licensing and trademark leasing have developed rapidly in many industries. For the licensor, it can gain benefits through authorization, others can promote their own brands, and it can also solve the risk of idle trademarks. For the licensee, relying on a good trademark can make himself more easily accepted by the market, which is the rapid success of the enterprise. Although there are many advantages of trademark authorization, the disadvantages are also obvious. Although the authorization period is sweet, there has been a lot of news about the war between the two sides after the expiration of the authorization period. The fundamental reason lies in the uneven distribution of interests in trademark authorization. In addition, the licensee does not operate in good faith, and once problems arise, the brand will be damaged. Some people may ask, I have seen some big brands that didn't have registered trademarks in the early days. Aren't they also protected? According to the provisions of Article 31 of China's Trademark Law, applying for trademark registration shall not damage the prior rights of others, nor shall it rob others of trademarks that have been used and have certain influence by improper means. In other words, after a period of use, unregistered trademarks have paid certain publicity and advertising expenses, and have a certain audience and market share. After meeting these requirements, you can get protection without registration. However, it takes a lot of time, energy, material resources and financial resources to achieve these conditions. If your trademark has been registered before reaching these standards, then you can only make wedding clothes for others for nothing. After all, the principle of priority is still very important.