first of all, enterprises use unregistered trademarks at the risk of infringing others' registered trademark rights. Registered trademarks are protected throughout the country, and the use of the same trademark registered by others in the same or similar categories constitutes infringement. According to the latest statistics of the State Trademark Office, the total number of applications for trademark registration in China has reached 6.77 million, including 2.4 million valid registered trademarks, and it is still increasing at an annual rate of 1%-15%. Trademark resources are relatively limited. With the rapid growth of trademark applications, the probability of infringement of unregistered trademarks will increase. The punishment for trademark infringement is generally to order the infringement to stop immediately; Confiscation and destruction of infringing goods and tools specially used for manufacturing infringing goods and forging registered trademarks; And impose a fine. If the infringement is suspected of committing a crime, it shall be transferred to judicial organs for criminal responsibility according to law. If the trademark owner concerned files a lawsuit, he shall be held liable for compensation. It can be seen that the use of unregistered trademarks may push enterprises to the dock of infringement, such as the recent trademark infringement cases of Jin Hao and Jinjie in Hunan.
Secondly, the trademark user does not enjoy the exclusive right to use the unregistered trademark, which shows that others can also use the trademark. Once your trademark is famous and your products sell well, people will constantly counterfeit and copy it, and the normal market order will be disrupted, and the competitiveness of enterprises will be greatly weakened. At the same time, enterprises will be unable to defend their rights because they have no exclusive right to use trademarks, and they can only watch their trademark reputation being shared and the market being divided up. Counterfeiters and imitators will also destroy the corporate image and disappear, resulting in the inability of enterprises to continue to operate.
Thirdly, Bajie experts pointed out that unregistered trademarks may be registered by others at any time, which is also the most harmful to enterprises. Such as recently, Linzhou attractions? Taihang Grand Canyon? The name was registered by a tourism company in Linzhou, and finally it had to be changed? Linzhou Linlv Mountain and Jiuzhaigou in the north? Advertising; Ma's Manor, a tourist attraction built with huge investment in Anyang County, was first applied for registration? .
according to China's trademark law, the exclusive right to use a trademark can only be obtained by applying for registration, and applying for trademark registration adopts the principle of prior application, that is, for an unregistered trademark, the exclusive right to use the trademark belongs to whoever applies for registration first. No matter how long an enterprise uses an unregistered trademark, once the trademark is applied for registration by others, the exclusive right to use the trademark may belong to others. Trademark cybersquatting is hard to prevent for enterprises, and the price paid is also heavy. After the registered trademark of an enterprise is registered, changing the trademark name means that the previous efforts to shape the trademark have been burned. Such as funcitonmouseover (obj) {obj.style.color = "red"; }functionMouseOut(obj){obj.style.color="#6e6e6e"; }