Current location - Trademark Inquiry Complete Network - Trademark registration - Can the trademark under review be used?
Can the trademark under review be used?
Legal analysis: trademarks can still be used in the application, but they are not protected by law before the application. But if it belongs to the type of compulsory trademark registration, then the trademark cannot be used in the application process. According to the law: goods that must use registered trademarks according to laws and administrative regulations must apply for trademark registration, and those that have not been approved for registration may not be sold in the market.

Legal basis: Trademark Law of People's Republic of China (PRC).

Article 39 The term of validity of a registered trademark is ten years, counting from the date of approval of registration.

Article 52 Where an unregistered trademark is used as a registered trademark, or an unregistered trademark is used in violation of the provisions of Article 10 of this Law, the local administrative department for industry and commerce shall stop it, make corrections within a time limit, and may notify it. If the illegal business amount is more than 50,000 yuan, a fine of less than 20% of the illegal business amount may be imposed; If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 1 10,000 yuan may be imposed.

Article 55 If the party concerned fails to apply for a review of the Trademark Office's decision to revoke a registered trademark at the expiration of the period, or fails to bring a suit in a people's court against the Trademark Review and Adjudication Board's review decision, the decision to revoke the registered trademark and the review decision shall take effect. The revoked registered trademark shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be terminated as of the date of announcement.