If the other party registers a trademark, it is an infringement. If the other party sues, of course, it will be punished.
If the other party is a well-known brand, it must be a registered trademark, so do not use it directly.
It is illegal to use someone else’s brand to open a store without completing the franchise procedures and infringes on someone else’s trademark rights. If the other party sues, they will be punished. Therefore, when opening a store, you must either join through formal channels or create your own brand.
2. Why trademark registration is necessary
Using an unregistered trademark is not protected by law. If someone else registers it, it may cause infringement. The use of unregistered trademarks also involves the following risks:
1. Trademarks are not protected by law and cannot effectively use modern publicity methods to compete.
2. If a trademark used by an enterprise is not registered, the fatal weakness is that the trademark user does not have exclusive rights to the trademark.
3. Once someone else registers the trademark first, the first user of the trademark can no longer use the trademark.
4. An unregistered trademark cannot form intellectual property rights protected by law, so the unregistered trademark is not an intangible asset of the enterprise.
5. You cannot apply for famous trademarks or famous brands and other related corporate honors.
6. The bigger and more powerful a company without a registered trademark becomes, the more likely it is to be maliciously imitated or registered by other companies, causing losses to itself.
7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through the management of trademarks.
Article 15 of the "Trademark Law of the People's Republic of China" Without authorization, the agent or representative shall register the trademark of the principal or represented person in his own name, and the principal shall If the person or representative raises an objection, registration will not be granted and use will be prohibited. A trademark applied for registration for the same kind of goods or similar goods is identical or similar to an unregistered trademark previously used by another person, and the applicant has a contract, business relationship or other relationship with the other person other than those specified in the preceding paragraph and is fully aware of the existence of the other person's trademark. If the other person raises objections, the registration will not be granted.