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The dangers of unsuccessful trademark registration

In accordance with relevant national laws and regulations, if an organization or individual uses a trademark that has not been formally registered, the legal consequences include that the exclusive right to use the trademark will not be protected by law, and if it causes others to preemptively register or someone has already used the trademark If it is suspected of constituting trademark infringement, the other party will be held accountable for infringement according to law. 1. The exclusive right of trademark cannot be protected. If a trademark used by an enterprise is not registered, the most fatal thing is that the trademark user does not have exclusive right to the trademark. That is to say, by using this trademark, others can also use this trademark, which affects the basic function of the trademark to indicate the source of goods or services, and also greatly reduces the role of the trademark in representing the quality and reputation of certain goods or services. 2. It is easy to be registered by others. Once someone else registers a trademark that is already in use, the first user of the trademark will not be able to use the trademark. The lesson in this regard is quite profound. According to the relevant provisions of my country's Trademark Law, the original exclusive right to a trademark can only be obtained through trademark registration, and the application for trademark registration adopts the first-to-file principle, that is, for an unregistered trademark, whoever applies for registration first will be entitled to the trademark. The exclusive right is granted to whomever. Therefore, no matter how long a company has used a trademark, if it has not registered the trademark, as long as someone else applies for registration of the trademark, the exclusive right to the trademark will be granted to the applicant. 3. It is easy to cause infringement. If you use an unregistered trademark, the probability that the trademark is the same as or similar to the registered trademark used on the same or similar goods is very high, and it may cause infringement of the registered trademark. As long as it is an infringement, regardless of the user's original intention, he will be punished and must compensate for economic losses, which will affect the production and operation activities of the enterprise. 4. Unregistered trademarks cannot form industrial property rights. Users of unregistered trademarks do not enjoy exclusive rights to trademarks and are not protected by law. They cannot form industrial property rights, and therefore cannot become the user's intangible assets. Due to the relevant provisions of the country's Trademark Law, only the exclusive right of registered trademarks is protected by law. Unregistered trademarks are not protected by law, and their users do not enjoy the exclusive right of trademarks. Therefore, unregistered trademarks cannot form industrial property rights, nor can they form industrial property rights. Become an intangible asset to the user. To sum up, trademarks have an important impact on the long-term development of enterprises. If enterprises want to build and establish a brand, they cannot do without trademark registration. No matter how long the trademark has been used, if the trademark is not successfully registered, the user is not the legal owner of the trademark. Even after someone else has registered it, if the user uses it again, it will constitute an infringement.